Handal et al v. Center for Employment Training et al

Filing 109

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 2/21/19 ORDERING a settlement conference SET for 3/15/19 at 9:30 a.m. in Courtroom 24 before Magistrate Judge Carolyn K. Delaney; the parties are directed to submit their co nfidential settlement statements at least 7 days prior to the Settlement Conference; and the Pretrial Conference currently set for 3/22/19 is VACATED, and RESET for 6/28/19, at 10:00 a.m., with the parties to file a Joint Pretrial Conference Statement by 5/31/19. (Becknal, R)

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ANTHONY ONTIVEROS (SBN: 152758)
ARNOLD LAW FIRM
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiffs
REBECCA HANDAL, DINA DOMINGUEZ, ELICIA A. FERNANDEZ
and CHRISTINE STEARNS

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KATHLEEN M. RHOADS (SBN: 144466)
GORDON REES SCULLY MANSUKHANI, LLP
3 Parkcenter Drive, Suite 200
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
LARRY S. GONDELMAN (District of Columbia SBN: 950691)
SEAN T. BELLER (Virginia SBN: 72725)
POWERS PYLES SUTTER & VERVILLE PC
1501 M Street, NW, Seventh Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CENTER FOR EMPLOYMENT TRAINING

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA AND STATE OF )
CALIFORNIA EX REL. REBECCA HANDAL,
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DINA DOMINGUEZ, ELICIA A. FERNANDEZ
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AND CHRISTINE STEARNS,
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Plaintiffs,
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vs.
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CENTER FOR EMPLOYMENT TRAINING, A
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CALIFORNIA NONPROFIT CORPORATION,
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Defendant.
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CASE NO. 2:13-cv-1697 KJM-KJN
JOINT STIPULATION AND
ORDER TO CONTINUE
PRETRIAL CONFERENCE

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Joint Stipulation and Order to Continue Pretrial Conference

2:13-cv-1697 KJM-KJN

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Pursuant to Local Rules 143 and 230(f), Plaintiffs Rebecca Handal, Dina Dominguez,

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Elicia A. Fernandez, and Christine Stearns (“relators”) and Defendant Center for Employment

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Training (“CET”) (collectively, the “Parties”), by and through their respective counsel of

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record, hereby jointly request a continuance of the Pretrial Conference currently set for March

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22, 2019. Good cause exists to continue the Pretrial Conference in that the parties have agreed

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to engage in a settlement conference prior to trial. In support thereof, the Parties state as

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follows:

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1.

date for the filing of a joint Pretrial Conference Statement and February 9, 2018 as the date for
the Pretrial Conference.

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In its Original Pretrial Scheduling Order, the Court set January 19, 2018 as the

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After the hearing on CET’s Motion for Summary Judgment, the Court vacated

those dates, pending a ruling on the Motion.

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3.

On February 4, 2019, the Court denied CET’s Motion for Summary Judgment

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and set March 1, 2019 as the date on which the Parties must file a joint Pretrial Conference

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Statement and March 22, 2019 as the date of the Pretrial Conference. The Court did not set a

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trial date.

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4.

As of this date, the Parties have not engaged in any settlement discussions. With

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the denial of the Motion for Summary Judgment, the Parties believe it would be productive to

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explore the possibility of settlement.

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5.

Therefore, in order to conserve resources and enable them to prepare for and

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engage in such discussions, the Parties respectfully suggest that it is in the interests of justice

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to extend the dates for the filing of the Joint Pretrial Conference Statement and the Pretrial

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Conference until after they have had an opportunity to pursue a possible settlement.

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6.

The Parties believe that a Court Settlement Conference pursuant to Local

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Rule 270 is the appropriate vehicle for pursuing settlement discussions and move the Court to

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refer this matter to a Magistrate of this Court to conduct such a conference. The Parties ask

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that the referral Order set a deadline for the completion of settlement discussions of April 15,

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2019.
Joint Stipulation and Order to Continue Pretrial Conference

2:13-cv-1697 KJM-KJN

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7.

The Parties also request the Court set May 17, 2019 as the date for the filing of a

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Joint Pretrial Conference Statement and June 14, 2019 as the date for the Pretrial Conference

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in the event that the Parties are not able to settle the case by April 15, 2019.

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The Parties also advise the Court that they are available for trial in the matter in

the month of October 2019 in the event that the Court also wants to set a trial date.
IT IS SO STIPULATED

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Dated: February 8, 2019

Respectfully submitted,

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/s/ Kathleen M. Rhoads
Kathleen M. Rhoads
Gordon Rees Scully Mansukhani, LLP
3 Parkcenter Drive, Suite 200
Sacramento CA 95825
Attorney for Defendant
CENTER FOR EMPLOYMENT
TRAINING, A California nonprofit
corporation

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/s/ Anthony Ontiveros
Anthony Ontiveros
The Arnold Law Firm
865 Howe Avenue
Sacramento, CA 95825
Attorney for Plaintiffs
REBECCA HANDAL, DINA
DOMINGUEZ, ELICIA A. FERNANDEZ
and CHRISTINE STEARNS

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Joint Stipulation and Order to Continue Pretrial Conference

2:13-cv-1697 KJM-KJN

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ORDER

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Pursuant to the Stipulation filed by the Parties and good cause appearing, the courts

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ORDERS a settlement conference SET for March 15, 2019 at 9:30 a.m. in Courtroom 24 before

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Magistrate Judge Carolyn K. Delaney. Parties are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to be fully authorized to settle the

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matter on any terms. The individual with full authority to settle must also have “unfettered

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discretion and authority” to change the settlement position of the party, if appropriate. The

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purpose behind requiring the attendance of a person with full settlement authority is that the

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parties’ view of the case may be altered during the face to face conference. An authorization to

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settle for a limited dollar amount or sum certain can be found not to comply with the requirement

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of full authority to settle. The parties are directed to submit their confidential settlement

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conference

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[e-mail]. If a party desires to share additional confidential information

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with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e).

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Statements are due at least 7 days prior to the Settlement Conference. Upon submission of

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confidential settlement statements, each party shall file on the docket a "Notice of Submission

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of Settlement Conference Statement.”

statements

to

the

Court

using

the

following

email

address:

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The Pretrial Conference currently set for March 22, 2019 is VACATED, and RESET for

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June 28, 2019, at 10:00 a.m., with the parties to file a Joint Pretrial Conference Statement by

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May 31, 2019.

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IT IS SO ORDERED.
DATED: February 21, 2019

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1113367/28308920v.1

UNITED STATES DISTRICT JUDGE