Simpson v. California Department of Corrections and Rehabilitation et al

Filing 35

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/10/18, ORDEIRNG that a Settlement Conference is SET for 12/11/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Defendants' 24 motion to dismiss set for 9/20/18 is taken off calendar and any further action or deadlines associated with the motion are stayed pending the outcome of the settlement conference. (Kastilahn, A)

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1 2 3 4 5 6 7 8 XAVIER BECERRA, State Bar No. 118517 Attorney General of California CHRISTOPHER J. BECKER, State Bar No. 230529 Supervising Deputy Attorney General JOANNA B. HOOD, State Bar No. 264078 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7343 Fax: (916) 324-5205 E-mail: Joanna.Hood@doj.ca.gov Attorneys for Defendants Kernan, Ventura, Goss, Moody, Fiori, Wilson, Department of Corrections and Rehabilitation, Pfeiffer and Phillips 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 CATHY SIMPSON, 15 Plaintiff, STIPULATION FOR SCHEDULING SETTLEMENT CONFERENCE 16 17 18 19 2:17-CV-01590 TLN KJN v. Date: Time: Courtroom: Judge: December 11, 2018 9:00 CALIFORNIA DEPARTMENT OF 25, 8th Floor CORRECTIONS AND The Honorable Kendall J. REHABILITATION, et al., Newman Trial Date: Not set Defendants. Action Filed: July 31, 2017 20 21 22 /// 23 /// 24 /// 25 26 27 28 1 Stipulation for Scheduling Settlement Conference (2:17-CV-01590 TLN KJN) 1 The parties, by and through their counsel, hereby stipulate to scheduling a settlement 2 conference in this matter on December 11, 2018, at 9:00 a.m., before United States Magistrate 3 Judge Kendall J. Newman. 4 The parties further respectfully stipulate and request, in order to conserve time and 5 resources, and in order to further the interest of judicial economy, that the currently set hearing on 6 Defendants’ Rule 12(b)(6) motion to dismiss (ECF No. 24), set for September 20, 2018, at 2:00 7 p.m. (ECF No. 30), be taken off-calendar, and that any further action or deadlines associated with 8 the motion be stayed, pending the outcome of the Settlement Conference; if litigation resumes 9 following the Settlement Conference, the parties will file an appropriate stipulation. 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 Dated: September 4, 2018 12 Law Office of Sanjay S. Schmidt /s/ Sanjay S. Schmidt1 (as authorized on 08/30/2018) 13 SANJAY S. SCHMIDT Attorney for Plaintiff Cathy Simpson 14 15 16 Dated: September 4, 2018 17 18 XAVIER BECERRA Attorney General of California CHRISTOPHER J. BECKER Supervising Deputy Attorney General /s/ Joanna B. Hood 19 JOANNA B. HOOD Deputy Attorney General Attorneys for Defendants Kernan, Ventura, Goss, Moody, Fiori, Wilson, Department of Corrections and Rehabilitation, Pfeiffer, and Phillips 20 21 22 23 24 25 26 27 Pursuant to Local Rule 131(e), Plaintiff’s counsel has authorized submission of this document on his behalf. 2 1 28 Stipulation for Scheduling Settlement Conference (2:17-CV-01590 TLN KJN) 1 2 3 [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. This matter shall be set for a Settlement Conference, to be held before the Hon. U.S. 4 Magistrate Judge Kendall J. Newman, on December 11, 2018, at 9:00 a.m. Furthermore, in the 5 interest of judicial economy and conservation of the parties’ time and resources, the currently set 6 hearing on Defendants’ Rule 12(b)(6) motion to dismiss (ECF No. 24), set for September 20, 7 2018, at 2:00 p.m. (ECF No. 30), shall be taken off-calendar, and any further action or deadlines 8 associated with the motion shall be stayed, pending the outcome of the Settlement Conference; if 9 litigation resumes following the Settlement Conference, the parties shall file an appropriate 10 stipulation. 11 12 Dated: September 10, 2018 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation for Scheduling Settlement Conference (2:17-CV-01590 TLN KJN)

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