Ramirez v. Haffner et al

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 8/12/2015 GRANTING 47 Ex Parte Application; VACATING the Settlement Conference set for 8/18/2015; SETTING a Settlement Conference for 10/28/2015 at 09:30 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; DIRECTING the parties to exchange and simultaneously deliver to the court seven days prior to the settlement conference, non-confidential settlement statements. (Michel, G.)

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1 2 3 4 5 SAVAGE DAY Kelly Savage Day (SBN 235901) 4040 Civic Center Drive, Suite 200 San Rafael, CA 94903 T: (415) 259-6624 F: (415) 259-6625 kelly.savageday@savageday.com Attorney for Defendant SELEAINA THOMAS 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL ENRIQUE RAMIREZ, Plaintiff, 12 13 14 v. GARY HAFFNER, et al., 15 Defendants. CASE NO. 2:14-cv-2079 KJN P ORDER GRANTING DEFENDANT THOMAS’ EX PARTE APPLICATION AND VACATING THE AUGUST 18, 2015 SETTLEMENT CONFERENCE; RESETTING IT FOR OCTOBER 19, 2015, AT 9:00 A.M. 16 17 18 19 20 21 22 23 24 25 26 27 28 Error! Unknown For good cause shown, IT IS HEREBY ORDERED that: 1. Defendant Seleaina Thomas’ ex parte application is GRANTED. The July 2, 2015 Order scheduling an August 18, 2015 Settlement Conference is VACATED. The settlement conference before Magistrate Judge Kendall J. Newman is reset for October 28, 2015, at 9:30 a.m., at the U.S. District Court, 501 I Street, Sacramento, California in Courtroom #25. 2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. In addition, the conference will not proceed and will be reset to another date. 4. The parties are directed to exchange non-confidential settlement statements seven 19273440v1 RAMIREZ 2:14-CV-2079 [PROPOSED] ORDER RE EX PARTE APPLICATION 1 days prior to the settlement conference. These statements shall simultaneously be delivered to 2 the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail 3 his non-confidential settlement statement to arrive not less than seven days prior to the settlement 4 conference, addressed to Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 5 4-200, Sacramento, CA 95814. The envelope shall be marked “Settlement Statement.” If a 6 party desires to share additional confidential information with the Court, they may do so 7 pursuant to the provisions of Local Rule 270(d) and (e). 8 Dated: August 12, 2015 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SERVICE BY U.S. MAIL Case Name: Raul Enrique Ramirez v. Gary Haffner, et al. Case No.: 2:14-cv-2079 KJN P 2 RAMIREZ 2:14-CV-2079 EX PARTE APPLICATION 1 4 I declare: I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at Savage Day for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at Savage Day is deposited with the United States Postal Service. In accordance with this practice, correspondence placed in the internal mail collection system of the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. 5 On August 10, 2015, I served the attached: 2 3 6 7 8 9 10 11 12 13 14 15 [PROPOSED] ORDER GRANTING DEFENDANT THOMAS’ EX PARTE APPLICATION AND VACATING THE AUGUST 18, 2015 SETTLEMENT CONFERENCE; RESETTING IT FOR OCTOBER 19, 2015, AT 9:00 A.M. By placing a true and correct copy thereof enclosed in a sealed envelope in the internal mail collection system at Savage Day at 4040 Civic Center Drive, Suite 200, San Rafael, CA 94903, addressed as follows: Raul Enrique Ramirez, H-02658 Pelican Bay State Prison PO Box 7500 Crescent City, CA 95532-7500 In Pro Per I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on August 10, 2015, at San Rafael, California. Kelly Savage Day_____ Declarant ____s/Kelly Savage Day Signature 16 17 18 19 20 21 22 23 24 25 26 27 28 3 RAMIREZ 2:14-CV-2079 EX PARTE APPLICATION

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