Cleveland v. Curry et al

Filing 238

ORDER re 236 STIPULATION WITH PROPOSED ORDER STAYING EXECUTION OF JUDGMENT PENDING SETTLEMENT CONFERENCE filed by Abanico, Ben Curry. Signed by Judge Nandor J. Vadas on 3/13/14. (glm, COURT STAFF) (Filed on 3/13/2014)

Case1:07-cv-02809-NJV Document236 Filed03/12/14 Page1 of 3

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KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General
MICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Curry and Abanico

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IVAN VERNARD CLEVELAND,

C 07-2809 NJV
Plaintiff, STIPULATION AND [PROPOSED]
ORDER STAYING EXECUTION OF
JUDGMENT PENDING SETTLEMENT
CONFERENCE

v.
BEN CURRY, Warden, et al.,

Defendants.

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Stipulation and [Proposed] Order Staying Execution of Judgment (C 07-2809 NJV)

Case1:07-cv-02809-NJV Document236 Filed03/12/14 Page2 of 3

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INTRODUCTION

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Judgment was entered in favor of plaintiffs Ivan Cleveland, Demetrius Huff, Desmond

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Jones, Robert Morris, and Kenneth Trask and against defendants Abanico and Curry on February

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25, 2014. On March 7, 2014, Magistrate Judge Beeler scheduled a settlement conference for

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March 24, 2014 so that the parties can attempt to resolve the matter before defendants seek relief

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in the Ninth Circuit Court of Appeals. The parties now agree to stipulate to an order staying

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execution of the judgment while the settlement proceedings with Judge Beeler are ongoing.
STIPULATION

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The parties hereto, through their respective attorneys, stipulate to an order staying execution

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of the $61,003 judgment in favor of plaintiffs Ivan Cleveland, Demetrius Huff, Desmond Jones,

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Robert Morris, and Kenneth Trask and against defendants Abanico and Curry while the

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settlement proceedings with Judge Beeler are ongoing.
E-FILING ATTESTATION

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By his signature below, and pursuant to General Order 45, counsel for defendants attests

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that counsel for all parties whose electronic signatures appear below have concurred in the filing

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of this Stipulation.

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Dated: March 12, 2014

By:

/s/ Dennis Cunningham
Attorney for Plaintiffs

Dated: March 12, 2014

By:

/s/ Michael J. Quinn
Attorney for Defendants

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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March 13, 2014

Dated: _____________________

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______________________________
The Honorable Nandor J. Vadas
United States Magistrate Judge

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Stipulation and [Proposed] Order Staying Execution of Judgment (C 07-2809 NJV)