Knighten v. City of Anderson et al

Filing 25

ORDER signed by District Judge Troy L. Nunley on 6/2/2016 ORDERING the City Defendants 22 Motion for Sanctions for violations of court orders; and 23 Motion to Dismiss are hereby WITHDRAWN; the parties are ORDERED to attend a mandatory Settlement Conference with Magistrate Judge Craig M. Kellison set for 8/4/2016 at 09:30 AM. Should this case not resolve at the mandatory settlement conference, the City Defendants can thereafter re-file both motions. (Reader, L)

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BRUCE A. KILDAY, ESQ., SB No. 66415
Email: [e-mail]
CARRIE A. McFADDEN, ESQ., SB No. 245199
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]

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Telecopier: [phone]

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Attorneys for Defendants CITY OF ANDERSON, CITY OF ANDERSON POLICE
DEPARTMENT, and MICHAEL JOHNSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD KNIGHTEN
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)
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Plaintiff,
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vs.
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THE CITY OF ANDERSON; THE CITY OF )
ANDERSON POLICE DEPARTMENT,
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MICHAEL JOHNSON and SEAN MILLER, )
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Defendants.
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Case No.: 2:15-cv-01751-TLN-CMK

STIPULATION AND ORDER TO
WITHDRAW PENDING MOTION FOR
SANCTIONS AND MOTION TO
DISMISS AND REQUEST FOR
MANDATORY SETTLEMENT
CONFERENCE

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Plaintiff GERALD KNIGHTEN and Defendants CITY OF ANDERSON, the CITY OF

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ANDERSON POLICE DEPARTMENT, and MICHAEL JOHNSON (hereafter “CITY

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Defendants”), and SEAN MILLER, by and through their respective counsel of record, hereby

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stipulate to, and respectfully request, that CITY Defendants’ Motion for Sanctions For Violations

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of Court Orders (Court’s Docket No. 22) and Motion to Dismiss (Docket No. 23) be withdrawn

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and the Court order the parties to attend a settlement conference. Should this case not resolve at

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the settlement conference, CITY Defendants will thereafter re-file both motions.1

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Per the Court’s instruction, CITY Defendants will notice the Motion for Sanctions before Magistrate Kellison.

-1STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION
TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE

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WHEREAS:

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1.

The parties would like to attend a settlement conference, preferably with

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Magistrate Judge Kellison, before incurring additional time and expenses on CITY Defendants’

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pending Motion for Sanctions and Motion to Dismiss;

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2.

In order to provide the best opportunity to settle this case, the parties agree that it

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is important to minimize additional costs and attorney’s fees to the extent possible so that they

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can attempt to resolve this case at a settlement conference;

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3.

The Court has not yet issued a Scheduling Order in this case, thus providing the

parties time to attempt to resolve this case at a settlement conference before incurring additional
law and motion expenses will not result in the rescheduling of any pretrial or trial deadlines.

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The parties therefore request that the Court schedule a settlement conference with Judge

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Kellison for a date that is convenient for the Court’s and counsel’s calendar. The parties also

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request that CITY Defendants’ Motion for Sanctions For Violations of Court Orders (Court’s

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Docket No. 22) and Motion to Dismiss (Docket No. 23) be deemed withdrawn and that said

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motions can be re-filed should this case not resolve at the settlement conference.

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Dated: June 1, 2016

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By:_____/s/ Bruce A. Kilday__________
BRUCE A. KILDAY
Attorneys for Defendants City Of
Anderson, Anderson Police Department,
And Michael Johnson

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Dated: June 1, 2016

PORTER SCOTT
/s/ Carl Fessenden
By:___ (as authorized on 6/1/16)_______
CARL FESSENDEN
Attorneys for Defendant Sean Miller

Dated: June 1, 2016

BARR & MUDFORD, LLP
/s/ John Douglas Barr
By:___ (as authorized on 6/1/16)_______
JOHN DOUGLAS BARR
Attorneys for Plaintiff

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ANGELO, KILDAY & KILDUFF, LLP

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-2STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION
TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE

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ORDER

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GOOD CAUSE APPEARING, CITY Defendants Motion for Sanctions For Violations of

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Court Orders (Court’s Docket No. 22) and Motion to Dismiss (Docket No. 23) are hereby

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withdrawn. The parties are ordered to attend a mandatory settlement conference with Magistrate

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Judge Kellison on _August 04, 2016_____ at _9:30 a.m.______. Should this case not resolve at

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the mandatory settlement conference, CITY Defendants can thereafter re-file both motions.

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Dated: June 2, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION
TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE