St. Clair v. Schlachter

Filing 95

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/4/17 ORDERING the parties be given until 1/13/2017 to file the final dispositional documents to allow time to obtain the signature of Defendant's power of attorney.(Washington, S)

LEWIS BRISBOIS BISGAARD & SMITH LLP
1 CHRISTOPHER J. NEVIS, SB# 162812
Email: [e-mail]
2 NICOLE L. JONES, SB# 247152
Email: [e-mail]
3 333 Bush Street, Suite 1100
San Francisco, California 94104-2872
4 Telephone: [phone]
Facsimile: 415.434.0882
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Attorneys for Defendant STAN SCHLACHTER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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JIMMY ST. CLAIR,
Plaintiff,

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vs.

CASE NO. 13-CV-0804 KJM EFB
STIPULATION AND [PROPOSED] ORDER RE
FILING OF FINAL DISPOSITIONAL
DOCUMENTS

STAN SCHLACHTER,
Defendant.

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Plaintiff JIMMY ST. CLAIR (“Plaintiff”), and Defendant STAN SCHLACHTER,

18 (“Defendant”), by and through their respective counsel of record, hereby stipulate to an extension
19 of time to file the dispositional documents in this matter, and in support of such stipulation
20 acknowledge the following:
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1.

The parties reached a settlement of this matter at the Mandatory Settlement

22 Conference on November 10, 2016, wherein Defendant’s counsel agreed to prepare a settlement
23 agreement. The parties were ordered to file the final dispositional documents within thirty (30)
24 days of the settlement.
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2.

Defendant’s counsel prepared a settlement agreement, and the agreement was

26 finalized following meet and confer efforts of counsel. As part of these efforts, Plaintiff required
27 Defendant to be a signatory to the agreement.

LEWI
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BRISBOI
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BISGAAR

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4818-6379-2447.1

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FINAL DISPOSITIONAL DOCUMENTS

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3.

Plaintiff and his counsel have signed the settlement agreement and circulated

2 signatures to same.
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Defendant’s counsel sent the settlement draft to Plaintiff’s counsel on December

4 29, 2016, fully funding the settlement.
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Defense counsel, who has approved the settlement agreement as to form and

6 content, sent the settlement agreement to Defendant for his signature.
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Defendant’s estranged wife, Claudia Schlachter, has advised defense counsel that

8 Defendant has been hospitalized in Modesto since November 29, 2016. At times he has been in a
9 coma and receiving life support. He has been diagnosed with dementia and is now blind.
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7.

Although Ms. Schlachter attempted to obtain Defendant’s signature once he was

11 conscious and out of the ICU, she has not yet been able to do so. Factors on this issue include her
12 primary residence in Santa Cruz, Defendant’s dementia and blindness, and Defendant’s lack of
13 clarity. She was concerned he would not even be able to mark an “x” for his name.
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8.

Ms. Schlachter advised on December 29, 2016 that their daughter has been given

15 power of attorney for Defendant, and as such, will be able to sign the settlement agreement on his
16 behalf. Defense counsel anticipates receipt of this signature to the agreement within the next week.
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The only impediment to filing the dispositional documents are the defense

18 signatures to the settlement agreement.
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10.

The parties request additional time to file the dispositional documents to obtain the

20 signature of Defendant’s power of attorney.
STIPULATION
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1.

That the parties be given until January 13, 2017 to file the final dispositional

23 documents to allow time to obtain the signature of Defendant’s power of attorney.
IT IS SO STIPULATED
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LEWI
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BRISBOI
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BISGAAR

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4818-6379-2447.1

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FINAL DISPOSITIONAL DOCUMENTS

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DATED: December 29, 2016

SHOOK, HARDY & BACON LLP

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By:

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/s/ Edward B. Gaus
Matthew Vanis, Esq.
Edward B. Gaus, Esq.
Attorney for Plaintiff Jimmy St. Clair

LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Nicole L. Jones
Christopher J. Nevis
Nicole L. Jones
Attorney for Defendant Stan Schlachter

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LEWI
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BRISBOI
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BISGAAR

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4818-6379-2447.1

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FINAL DISPOSITIONAL DOCUMENTS

[PROPOSED] ORDER

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THIS MATTER having been brought duly and regularly before the undersigned Judge of

3 the above-entitled Court, the Court being fully advised in all matters, does herewith, pursuant to
4 the foregoing stipulation,
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ORDER

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1.

That the parties be given until January 13, 2017 to file the final dispositional

7 documents to allow time to obtain the signature of Defendant’s power of attorney.
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DATED: January 4, 2017

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The Allison Claire
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FINAL DISPOSITIONAL DOCUMENTS

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FINAL DISPOSITIONAL DOCUMENTS