Patel v. State of California

Filing 46

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/18: The Parties' request that the Court schedule a settlement conference to be held after Plaintiff and Defendant receive Magistrate Judge Newman's ruling on Defendant's motion for summary judgment is granted. The settlement conference shall be presided over by a judge other than Magistrate Judge Newman. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 RICHARD M. ROGERS, State Bar No. 045843 LAW OFFICE OF RICHARD M. ROGERS 100 Bush Street, #1980 San Francisco, CA 94104 Telephone: (415) 981-9788 Fax: (415) 981-9788 E-mail: RogersRMR@yahoo.com Attorneys for Plaintiff Dev Patel XAVIER BECERRA, State Bar No. 118517 Attorney General of California JUDITH A. RECCHIO, State Bar No. 163060 Supervising Deputy Attorney General JERRY J. DESCHLER, State Bar No. 215691 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-3830 Fax: (916) 324-5567 E-mail: Jerry.Deschler@doj.ca.gov Attorneys for Defendants California Department of Public Health and Department of Toxic Substances Control 14 15 IN THE UNITED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF CALIFORNIA 17 SACRAMENTO DIVISION 18 19 DEV PATEL, 2:15-cv-02471-KJN 20 21 Plaintiff, STIPULATION AND REQUEST FOR SETTLEMENT CONFERENCE; v. ORDER THEREON 22 23 24 25 26 27 28 STATE OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH AND DEPARTMENT OF TOXIC SUBSTANCES, Defendant. Judge: Kendall J. Newman Action Filed: 11/30/2015 Plaintiff Dev Patel (“Plaintiff”) and Defendants California Department of Public Health (“CDPH”) and Department of Toxic Substances Control (“DTSC”) (CDPH and DTSC are 1 Stipulation and Request for Settlement Conference; Order Thereon (2:15-cv-02471-KJN) 1 collectively referred to as “Defendants”), through their respective counsel of record, hereby 2 stipulate as follows: 3 WHEREAS Plaintiff and Defendants stipulated for Magistrate Judge Kendall J. Newman to 4 be assigned for all purposes other than any settlement conference the parties might later schedule; 5 WHEREAS Defendants are filing a motion for summary judgment to be heard before 6 7 Magistrate Judge Newman no later than March 2, 2017; and WHEREAS if the case is not dismissed, Plaintiff and Defendants wish to schedule a 8 settlement conference after receiving the ruling on Defendants’ motion for summary judgment, to 9 be presided over by a judge other than Magistrate Judge Newman. 10 Plaintiff and Defendants stipulate and agree as follows: Pursuant to Judge Newman’s 11 standing orders and Eastern District of California Local Rule 270, Plaintiff and Defendant request 12 that the Court schedule a settlement conference to be held after Plaintiff and Defendant receive 13 Magistrate Judge Newman’s ruling on Defendant’s motion for summary judgment, and that the 14 settlement conference be presided over by a judge other than Magistrate Judge Newman. 15 16 IT IS SO STIPULATED. Dated: January 19, 2018 Respectfully submitted, 17 /s/ Richard M. Rogers LAW OFFICE OF RICHARD M. ROGERS RICHARD M. ROGERS Attorneys for Plaintiff Dev Patel 18 19 20 Dated: January 19, 2018 Respectfully submitted, 21 XAVIER BECERRA Attorney General of California JUDITH A. RECCHIO Supervising Deputy Attorney General 22 23 /s/ Jerry J. Deschler JERRY J. DESCHLER Deputy Attorney General Attorneys for Defendants California Department of Public Health and Department of Toxic Substances Control 24 25 26 27 28 2 Stipulation and Request for Settlement Conference; Order Thereon (2:15-cv-02471-KJN) 1 2 3 ORDER Having reviewed the parties’ stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED: 4 The Parties’ request that the Court schedule a settlement conference to be held after 5 Plaintiff and Defendant receive Magistrate Judge Newman’s ruling on Defendant’s motion for 6 summary judgment is granted. The settlement conference shall be presided over by a judge other 7 than Magistrate Judge Newman. 8 9 Dated: January 26, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Request for Settlement Conference; Order Thereon (2:15-cv-02471-KJN)

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