Sutherland et al v. City of Stockton et al

Filing 63

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 02/07/24 VACATING all dates set in the 12/01/23 Scheduling Order and STAYING case pending the parties' finalization of their settlement. A Status Conference is SET for 5/20/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with a joint status conference statement due 05/06/24. (Benson, A.)

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V. JAMES DESIMONE (SBN: 119668)
CARMEN D. SABATER (SBN: 303546)
JENICA P. LEONARD (SBN: 245366)
V. JAMES DESIMONE LAW
13160 Mindanao Way Ste. 280
Marina Del Rey, California 90292
Telephone [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for All Plaintiffs

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DANA A. SUNTAG, (SBN: 125127)
JOSHUA J. STEVENS, (SBN: 238105)
HERUM\CRABTREE\SUNTAG, LLP
5757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for All Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAREN SUTHERLAND, et al.

Case No.: 2:21-cv-01855-WBS-AC

Plaintiffs,
vs.

STIPULATION TO VACATE DATES IN
SCHEDULING ORDER AND STAY
CASE PENDING SETTLEMENT;
ORDER

CITY OF STOCKTON, et al.
Defendants.

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[No hearing requested]

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STIPULATION AND ORDER TO VACATE DATES AND STAY CASE

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All Plaintiffs and all Defendants, all through their undersigned counsel of record,
stipulate as follows:

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RECITALS
A.

On October 4, 2021, Plaintiffs filed this lawsuit. Plaintiffs are suing under

42 U.S.C. Section 1983 regarding the death of an individual.
B.

The operative Scheduling Order, filed December 1, 2023 (ECF 57), sets

the following dates:

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Percipient and Expert Discovery Cutoff :
Motion Filing Cutoff:
Final Pretrial Conference:
Trial:

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C.

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March 25, 2024
June 4, 2024
August 26, 2024
October 22, 2024

On February 1, 2024, the parties mediated this case with Tamara Lange

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of JAMS and reached a settlement in principle of the entire case. The parties

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documented their settlement in a binding term sheet. The settlement is subject to formal

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approval by the City of Stockton City Council, scheduled for March 12, 2024, and formal

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approval by the California Joint Powers Risk Management Authority Board of Directors,

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scheduled for March 21, 2024, and an order granting a minors’ compromise, which

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Plaintiffs will file with this Court shortly. The settlement contemplates a dismissal with

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prejudice of the entire case, each side to bear its own fees and costs.

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D.

To avoid the large expense the parties would need to incur to conduct

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depositions of the 20 experts who have been disclosed, as well as litigation over a

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potentially dispositive motion Defendants otherwise would file, and the Court’s

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resources in dealing with the dispositive motion, any discovery issues, and the final

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pretrial conference, the parties respectfully request the Court vacate all the dates in the

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Scheduling Order and stay the case pending settlement. The parties do not anticipate

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the settlement not proceeding as planned, but if that happens the parties will promptly

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notify the Court so the Court can reschedule dates.

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STIPULATION AND ORDER TO VACATE DATES AND STAY CASE

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STIPULATION

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IT IS STIPULATED AND AGREED, by all parties, through their counsel of

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record, that the Court vacate all the dates in the Scheduling Order and stay the case

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pending a final settlement.

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Respectfully Submitted,
Dated: February 6, 2024

HERUM CRABTREE SUNTAG, LLP

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By:

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Dated February 6, 2024

V. JAMES DESIMONE LAW

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By:___/s/_Jenica P. Leonard_________
V. JAMES DESIMONE
JENICA P. LEONARD
Attorneys for all Plaintiffs

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/s/ Joshua J. Stevens
DANA A. SUNTAG
JOSHUA J. STEVENS
Attorneys for all Defendants

SIGNATURE ATTESTATION
Pursuant to Eastern District of California Local Rule 131(e), I attest that I
obtained authorization to place Plaintiffs’ counsel’s e-signature on this document and to
file this document with the Court.

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By: /s/ - Joshua J. Stevens_
Joshua J. Stevens

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ORDER
The Court, having considered the above stipulation, and good cause appearing,
rules as follows:

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The relief the parties request is GRANTED. All dates in the Scheduling Order

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filed on December 1, 2023, are vacated and the case is stayed pending the parties’

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finalization of their settlement. A Status Conference Re Status of Settlement is set in

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STIPULATION AND ORDER TO VACATE DATES AND STAY CASE

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this action for May 20, 2024 at 1:30 p.m.

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than May 6, 2024.

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A joint status report shall be filed no later

IT IS SO ORDERED.
Dated: February 7, 2024

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STIPULATION AND ORDER TO VACATE DATES AND STAY CASE