Cuviello v. City of Vallejo et al

Filing 82

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/14/2020 ORDERING 81 Settlement Conference set for 1/20/2021 at 09:00 AM before Magistrate Judge Jeremy D. Peterson, and a telephone discussion, with a Pre-Settlement Conference on 1/14/ 2021 at 02:00 PM before Magistrate Judge Jeremy D. Peterson. Only lead attorneys are to dial-in for the pre-settlement conference. At Judge Peterson's discretion, the joint telephonic discussion may be followed by private telephonic discussions between him and each party. (Reader, L)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
JOSEPH P. CUVIELLO

Case No. 2:16-cv-02584-KJM-KJN

11
Plaintiff,

12

STIPULATED REQUEST FOR SETTLEMENT
CONFERENCE; ORDER

13

v.

14

CITY OF VALLEJO, CLAUDIA QUINTANA,
M. CUTNICK, M. KOUTNICK, and
S. BOTTOMLY

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Defendants.

1

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

2

Plaintiff JOSEPH P. CUVIELLO and defendants CITY OF VALLEJO and MICHAEL

3

KOUTNICK by and through their attorneys of record, hereby stipulate as follows:

4

1.

5

resolve this matter. Counsel recently met and conferred and agreed that referral to a magistrate judge for

6

a settlement conference likely would give the parties the best opportunity to resolve this case.

7

2.

The parties therefore request a referral to a randomly assigned magistrate judge.

8

3.

Plaintiff’s counsel does not consent to having the settlement conference with the assigned

9

magistrate judge, Hon. Kendall Newman.

Counsel for the parties have engaged in settlement discussions, but to date have not been able to

10

4.

If the magistrate judge assigned to preside over the settlement conference is available in January,

11

the parties could be available, the parties are available January 11, 13, 14, 20 or 22.

12

Dated: December 9, 2020

13

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By: /s/ Richard W. Osman
Richard W. Osman
Sheila D. Crawford
Attorneys for Defendants
CITY OF VALLEJO & MICHAEL KOUTNICK

14
15
16
17

Dated: December 9, 2020

LAW OFFICE OF MATTHEW STRUGAR
By: /s/ Matthew Strugar
Matthew Strugar
Attorney for Plaintiff
JOSEPH P. CUVIELLO

18
19
20

ELECTRONIC CASE FILING ATTESTATION

21
22

I, Richard W. Osman, hereby attest that I have on file all holograph signatures for any signatures

23

indicated by a conformed signature (“/s/”) within this E-filed document or have been authorized by

24

counsel to show their signature on this document as /s/.

25

Dated: December 9, 2020

26
27
28

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
/s/ Richard Osman
Richard W. Osman

1

ORDER

2

Pursuant to the parties’ stipulation, ECF No. 81, this matter is referred to a settlement conference

3

with Magistrate Judge Peterson on January 20, 2021 at 9:00 a.m., with a pre-settlement conference on

4

January 14, 2021 at 2:00 p.m. Judge Peterson will hold a brief pre-settlement conference telephone

5

discussion on 1/14/2021 at 2:00 p.m. Only lead attorneys are to dial-in for the pre-settlement conference

6

at number: 1-888-557-8511; passcode: 1273468. At Judge Peterson’s discretion, the joint telephonic

7

discussion may be followed by private telephonic discussions between him and each party.

8

This order resolves ECF No. 81.

9

IT IS SO ORDERED.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: December 14, 2020.