Rojas v. Loza et al

Filing 95

ORDER STAYING ALL FURTHER PROCEEDINGS PENDING SETTLEMENT AND DIRECTIONS TO PARTIES. The action is stayed pending further court order. All pretrial deadlines and dates, including the October 31, 2011 trial date, are vacated. The parties are directed to file a Joint Status Report no later than December 2, 2011. Signed by Judge Maxine M. Chesney on June 8, 2011. (mmclc1, COURT STAFF) (Filed on 6/8/2011)

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KARL J. KRAMER (CA SBN 136433)
[e-mail]
MATTHEW S. CHEN (CA SBN 253712)
[e-mail]
EMILY H. SHEFFIELD (CA SBN 269622)
[e-mail]
PETER H. DAY (CA SBN 275155)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: [phone]
Facsimile: 650.494.0792
Attorneys for Plaintiff
JAHIR ALBERTO ROJAS

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KAMALA D. HARRIS
Attorney General of California
MICHAEL W. JORGENSON
Supervising Deputy Attorney General
D. ROBERT DUNCAN (CA SBN 161918)
Deputy Attorney General
EMILY L. BRINKMAN (CA SBN 219400)
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, California 94102-7004
Telephone: [phone]
Facsimile: 415.703.5843
E-Mail: [e-mail]

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Attorneys for Defendants
R. LOZA, D. SANDOVAL and R. SINGH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAHIR ALBERTO ROJAS,
Plaintiff,

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v.
R. LOZA, Correctional Officer; R. SINGH,
Correctional Officer; D. SANDOVAL,
Correctional Officer,
Defendants.

Case No.

3:07-CV-04662-MMC

JOINT STIPULATED REQUEST
FOR AN ORDER AND
[PROPOSED] ORDER STAYING
ALL FURTHER PROCEEDINGS
PENDING SETTLEMENT
AND DIRECTIONS TO PARTIES
Ctrm: 7, 19th Floor
The Honorable Maxine M. Chesney

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JT STIP REQ FOR ORDER [PROP] ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT
Case No. 3:07-CV-04662-MMC
pa-1468448

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WHEREAS, the Parties reached an agreement in principle settling their dispute on June 3,
2011 and are presently drafting a settlement agreement; and
WHEREAS, the Parties wish to avoid the expense of continued litigation while pursuing
final settlement;

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WHEREAS, the parties expect to finalize and close a final settlement agreement

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promptly, however, in view of expected logistical, procedural, and budgetary constraints of the

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State of California, a settling party in this action, the Parties project that it may take up to 180

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days to complete the formal settlement in this matter.

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WHEREAS, the parties agree that nothing in this stipulation shall preclude either Party

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from renewing the instant case should the other Party fail to perform its obligations under either

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the Agreement in Principle or the final settlement agreement.

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IT IS HEREBY STIPULATED by and among the Parties that Parties hereby jointly

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request that the Court enter an order staying all proceedings in this matter until the earlier of

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December 1 , 2011, the Parties fulfillment of their obligations under the final settlement

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agreement, or such other date as the Court deems appropriate. Upon the Parties’ successful

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completion of the Final Settlement Agreement, the Parties shall file a joint stipulation dismissing

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the instant action with the Court.

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JT STIP REQ FOR ORDER [PROP] ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT
Case No. 3:07-CV-04662-MMC
pa-1468448

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Dated: June 6, 2011

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KARL J. KRAMER
MATTHEW S. CHEN
EMILY H. SHEFFIELD
PETER H. DAY
MORRISON & FOERSTER LLP

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By:

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Attorneys for Plaintiff
JAHIR ALBERTO ROJAS

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/s/ Peter H. Day
PETER H. DAY

Dated: June 6, 2011

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KAMALA D. HARRIS
Attorney General of California
MICHAEL W. JORGENSON
Supervising Deputy Attorney General
D. ROBERT DUNCAN
Deputy Attorney General
EMILY L. BRINKMAN
Deputy Attorney General

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By:

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/s/ Emily L. Brinkman
EMILY L. BRINKMAN
Attorneys for Defendants
LOZA, SINGH, AND SANDOVAL

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GENERAL ORDER 45 ATTESTATION

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I, Peter H. Day, am the ECF User whose ID and password are being used to file this

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JOINT STIPULATED REQUEST FOR AN ORDER AND [PROPOSED] ORDER STAYING

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ALL FURTHER PROCEEDINGS PENDING SETTLEMENT. In compliance with General

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Order 45, X.B., I hereby attest that EMILY L. BRINKMAN has concurred in this filing.

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Dated: June 6, 2011

By:

/s/ Peter H. Day
PETER H. DAY

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JT STIP REQ FOR ORDER [PROP] ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT
Case No. 3:07-CV-04662-MMC
pa-1468448

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Specifically, the above-titled action is
hereby STAYED until further court order. All pretrial deadlines and dates, as well as the
October 31, 2011 trial date, are VACATED. The parties are DIRECTED to file a Joint Status
Report no later than December 2, 2011.

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Dated: _______________, 2011
June 8

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Honorable Maxine M. Chesney
United States District Court Judge

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JT STIP REQ FOR ORDER [PROP] ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT
Case No. 3:07-CV-04662-MMC
pa-1468448

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