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)

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Case1:07-cv-02809-NJV Document236 Filed03/12/14 Page1 of 3 1 2 3 4 5 6 7 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: (415) 703-5726 Fax: (415) 703-5843 E-mail: Michael.Quinn@doj.ca.gov Attorneys for Defendants Curry and Abanico 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Staying Execution of Judgment (C 07-2809 NJV) Case1:07-cv-02809-NJV Document236 Filed03/12/14 Page2 of 3 1 INTRODUCTION 2 Judgment was entered in favor of plaintiffs Ivan Cleveland, Demetrius Huff, Desmond 3 Jones, Robert Morris, and Kenneth Trask and against defendants Abanico and Curry on February 4 25, 2014. On March 7, 2014, Magistrate Judge Beeler scheduled a settlement conference for 5 March 24, 2014 so that the parties can attempt to resolve the matter before defendants seek relief 6 in the Ninth Circuit Court of Appeals. The parties now agree to stipulate to an order staying 7 execution of the judgment while the settlement proceedings with Judge Beeler are ongoing. STIPULATION 8 9 The parties hereto, through their respective attorneys, stipulate to an order staying execution 10 of the $61,003 judgment in favor of plaintiffs Ivan Cleveland, Demetrius Huff, Desmond Jones, 11 Robert Morris, and Kenneth Trask and against defendants Abanico and Curry while the 12 settlement proceedings with Judge Beeler are ongoing. E-FILING ATTESTATION 13 14 By his signature below, and pursuant to General Order 45, counsel for defendants attests 15 that counsel for all parties whose electronic signatures appear below have concurred in the filing 16 of this Stipulation. 17 18 19 20 Dated: March 12, 2014 By: /s/ Dennis Cunningham Attorney for Plaintiffs Dated: March 12, 2014 By: /s/ Michael J. Quinn Attorney for Defendants 21 22 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 25 March 13, 2014 Dated: _____________________ 26 ______________________________ The Honorable Nandor J. Vadas United States Magistrate Judge 27 28 1 Stipulation and [Proposed] Order Staying Execution of Judgment (C 07-2809 NJV)

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