Jewett v. California Forensic Medical Group et al

Filing 104

ORDER signed by Magistrate Judge Allison Claire on 4/27/2017 EXCUSING plaintiffs Ackley and Everett from appearing at the settlement conference scheduled for 5/18/2017 at 9:00 AM. (Henshaw, R)

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KEKER, VAN NEST & PETERS LLP
STEVEN P. RAGLAND - # 221076
[e-mail]
AJAY S. KRISHNAN - # 222476
[e-mail]
TAYLOR GOOCH - # 294282
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400

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ATABEK & ASSOCIATES, P.C.
JON A. ATABEK, ESQ. - # 269497
[e-mail]
300 Spectrum Center Dr., Ste. 400
Irvine, CA 92618
Telephone:
213 394 5943
DISABILITY RIGHTS LEGAL CENTER
MARONEL BARAJAS - #242044
[e-mail]
ANNA RIVERA - # 239601
[e-mail]
350 S. Grand Avenue, Suite 1520
Los Angeles, CA 90071
Telephone:
213 736 1031
Attorneys for Plaintiffs
EVERETT JEWETT, LEGAL SERVICES FOR PRISONERS
WITH CHILDREN, GLEN HAROLD EVERETT, MICHAEL
DONALD ACKLEY, HAROLD ROBERT MARQUETTE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN,
GLEN HAROLD EVERETT, MICHAEL
DONALD ACKLEY, HAROLD
ROBERT MARQUETTE, on behalf of
themselves and all others similarly
situated,
Plaintiffs,
v.
SHASTA COUNTY SHERIFF’S
DEPARTMENT, a public entity; TOM
BOSENKO, as Sheriff of the Shasta
County; SHASTA COUNTY, a public
entity; and CALIFORNIA FORENSIC
MEDICAL GROUP, INC. a private entity;
and DOES 1 through 25, in their
individual capacities,
Defendants.

Case No. 2:13-cv-0882 MCE AC (PC)
UNOPPOSED STIPULATION AND
[PROPOSED] ORDER EXCUSING
PLAINTIFFS ACKLEY AND EVERETT
FROM ATTENDING MAY 18, 2017
SETTLEMENT CONFERENCE

Judge:

Hon. Morrison C. England, Jr.
Hon. Allison Claire

Date Filed: May 6, 2013
Trial Date: None Set

UNOPPOSED STIPULATION AND [PROPOSED] ORDER EXCUSING PLAINTIFFS ACKLEY AND
EVERETT FROM ATTENDING MAY 18, 2017 SETTLEMENT CONFERENCE
Case No. 2:13-cv-0882 MCE AC (PC)
1160620.01

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WHEREAS, the above matter was referred to United States Magistrate Judge Allison
Claire for settlement purposes;

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WHEREAS, Magistrate Judge Allison Claire set a mandatory settlement conference for

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May 18, 2017 at 9:00 a.m. in Courtroom 26 (AC), 8th Floor, United States District Court for the

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Eastern District of California, 501 I Street, Sacramento, CA 95814;
WHEREAS, in the March 13, 2017 Order, Magistrate Judge Claire ordered that personal

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attendance is mandatory;

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WHEREAS, a Plaintiff in this action, Michael Donald Ackley, Booking No. 2014-

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0006022, is confined at the Shasta County Jail, 1655 West Street, Redding, in the custody of the

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Warden;
WHEREAS, in light of Plaintiff Ackley’s incarceration at the Shasta County Jail in

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Redding, California, transporting Plaintiff Ackley to appear at the settlement conference would

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cause significant hardship on Plaintiff as well as require expenditure of significant costs to

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facilitate that appearance;

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WHEREAS, Plaintiff Ackley has provided his attorneys with settlement authority.

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WHEREAS, a Plaintiff in this action, Glen Harold Everett, lives in Red Bluff and has

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Type II diabetes, muscular neuropathy, chronic back pain, degenerative disk disease, and bulging

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discs.

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WHEREAS, in light of Plaintiff Everett’s medical conditions his transportation and
attendance at the settlement conference would cause Plaintiff Everett extreme pain.

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WHEREAS, Plaintiff Everett has provided his attorneys with settlement authority.

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WHEREAS, Defendants agreed to not oppose Plaintiffs’ request for an order of the Court

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excusing Plaintiffs Ackley and Everett from attending the settlement conference;
THEREFORE, pursuant to Local Rule 143, Plaintiffs and Defendants, through counsel,

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hereby submit this stipulated request that the Court excuse Plaintiffs Ackley and Everett from

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appearing at the settlement conference scheduled for May 18, 2017 at 9:00 a.m. at Courtroom

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No.26, Eighth Floor, 501 I Street, Sacramento, CA 95814.

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UNOPPOSED STIPULATION AND [PROPOSED] ORDER EXCUSING PLAINTIFFS ACKLEY AND
EVERETT FROM ATTENDING MAY 18, 2017 SETTLEMENT CONFERENCE
Case No. 2:13-cv-0882 MCE AC (PC)
1160620.01

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Dated: April 25, 2017

KEKER, VAN NEST & PETERS LLP
ATABEK & ASSOCIATES, P.C.
DISABILITY RIGHTS LEGAL CENTER

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By:

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Attorneys for Plaintiffs
EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN,
GLEN HAROLD EVERETT, MICHAEL
DONALD ACKLEY, HAROLD ROBERT
MARQUETTE

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/s/ Taylor Gooch
STEVEN P. RAGLAND
AJAY S. KRISHNAN
TAYLOR GOOCH

LAW OFFICES OF JEROME M.
VARANINI

Dated: April 25, 2017

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By:

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/s/ Jerome Martin Varanini (as authorized
on 4/24/2017)
JEROME MARTIN VARANINI
Attorneys for Defendant
CALIFORNIA FORENSIC MEDICAL
GROUP

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Dated: April 25, 2017

BRICKWOOD LAW OFFICE

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By:

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/s/ Gary Charles Brickwood (as authorized
on 4/24/2017)
GARY CHARLES BRICKWOOD
Attorneys for Defendants
SHASTA COUNTY SHERIFF’S
DEPARTMENT, TOM BOSENKO, AND
SHASTA COUNTY

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I hereby attest that I have on file all holographic signatures corresponding to any
signatures indicated by a conformed signature (/s/) within this e-filed document.

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UNOPPOSED STIPULATION AND [PROPOSED] ORDER EXCUSING PLAINTIFFS ACKLEY AND
EVERETT FROM ATTENDING MAY 18, 2017 SETTLEMENT CONFERENCE
Case No. 2:13-cv-0882 MCE AC (PC)
1160620.01

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IT IS SO ORDERED
Dated: April 27, 2017

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UNOPPOSED STIPULATION AND [PROPOSED] ORDER EXCUSING PLAINTIFFS ACKLEY AND
EVERETT FROM ATTENDING MAY 18, 2017 SETTLEMENT CONFERENCE
Case No. 2:13-cv-0882 MCE AC (PC)
1160620.01