Kyei v. Dragados USA, Inc. et al

Filing 13

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/05/19 ORDERING that a Stipulated Dismissal is due within 30 days and not later than 05/06/19. The final Pretrial Conference is CONTINUED to 5/13/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. If the stipulated dismissal is not filed by 05/06/19, the related Pretrial filings are due as follows: Plaintiff's pretrial statement due 05/06/19; Defendants' pretrial statement due 05/09/19. (Benson, A.)

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THE VELEZ LAW FIR, P.C.
MARK VELEZ (SBN 163484)
3010 Lava Ridge Court, Suite 180
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
KOFI KYEI

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JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
DRAGADOS USA, INC. and
LLOYD NEAL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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KOFI KYEI, an individual,

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Plaintiff,

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Case No. 2:17-CV-01875-WBS-CKD
STIPULATED NOTICE OF
CONDITIONAL SETTLEMENT

v.
DRAGADOS USA, INC., a Delaware
Corporation, LLOYD NEAL, an individual;
and DOES 1 through 100, inclusive.

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Defendants.

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Plaintiff Kofi Kyei (“Plaintiff”) and Defendants Dragados USA, Inc. and Lloyd Neal

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(“Defendants”) (collectively, “the Parties”), by and through their undersigned counsel, hereby

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stipulate and agree as follows:

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Stipulation Regarding Conditional Settlement and Proposed Order

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Counsel for Plaintiff, Mark Velez of The Velez Law Firm, PC, substituted into this case
on or about October 30, 2018;

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Prior to Mr. Velez’s substitution into the case, the deposition of Plaintiff Kofi Kyei was

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postponed upon request from Plaintiff’s former attorney of record because Plaintiff resides out of

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state and Plaintiff’s former counsel wanted to attempt to resolve the matter through negotiation

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before incurring the expense of a deposition;

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Thereafter, necessary depositions were completed, but the parties were not initially able to

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resolve the matter without the assistance of a mediator, and a mediation was therefore held on

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February 4, 2019;

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An agreement in principle was reached at the mediation, but Plaintiff was, at the time

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unable to sign a formal settlement agreement due to the fact that he was unexpectedly in the

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hospital on the day of mediation and participated only telephonically;

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Following the mediation, complications arose with regard to preparation of the full terms

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of a formal written settlement, and, as the remaining issues related to non-monetary terms,

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counsel for both parties were confident the remaining issues would be resolved, and counsel

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worked diligently and cooperatively over the course of several weeks to finalize the terms of the

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agreement;

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On April 1, 2019, agreement was reached on the final terms of the formal settlement
agreement, and the settlement agreement was sent to Plaintiff for his signature;

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Plaintiff resides out of state and is often in areas with limited phone service, and

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Plaintiff’s counsel is making diligent efforts to obtain return of the written agreement as

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expeditiously as possible;

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All parties presently believe the case is settled, and therefore request that the Court

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postpone any filings that may be presently due, and request a brief continuance of the Pretrial

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Conference for the purposes of finalizing the settlement.

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The parties are requesting thirty (30) days to file a Stipulated Dismissal.

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Stipulation Regarding Conditional Settlement and Proposed Order

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The parties are requesting the pretrial conference to be continued to May 7, 2019 or

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thereafter.

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Dated: April 4, 2019

THE VELEZ LAW FIRM PC

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By: /s/ Mark Velez [04/04/2019]
Mark Velez
Attorneys for Plaintiff
KOFI KYEI

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Dated: April 4, 2019

JACKSON LEWIS P.C.

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By: /s/ James T. Jones [04/04/2019]
James T. Jones
Attorneys for Defendants
DRAGADOS USA, INC. and LLOYD NEAL

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ORDER

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Based upon the foregoing stipulation of the Parties, and good cause appearing therefor,

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IT IS HEREBY ORDERED:

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The parties are to provide a Stipulated Dismissal within thirty (30) days of the date of this
Order, and no later than May 6, 2019.

The final Pretrial Conference is continued to May

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13,2019 at 1:30p.m. If the stipulated dismissal is not filed by May 6, 2019, the related Pretrial
filings are due as follows:

Plaintiff’s pretrial statement shall be filed by May 6, 2019.

Defendants’ pretrial statement shall then be filed by May 9, 2019.
Dated: April 5, 2019

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Stipulation Regarding Conditional Settlement and Proposed Order