Meyers v. Prison Health Services et al

Filing 74

STIPULATION AND ORDER Cancelling Settlement Conference re 73 . Signed by Judge Thelton E. Henderson on 02/22/2012. (tmi, COURT STAFF) (Filed on 2/22/2012)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
ABIGAIL E. PRINGLE (272548)
([e-mail])
NATHAN J. KLEINER (275881)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff LEON L. MEYERS

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Matthew M. Grigg (195951)
Nancy E. Hudgins (85222)
LAW OFFICES OF NANCY E. HUDGINS
565 Commercial Street, 4th Floor
San Francisco, CA 94111
415-979-0100; 415-979-0747 (fax)
[e-mail]

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Attorneys for Defendant Lynn C. Bowers, L.V.N.
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UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LEON L. MEYERS,

Case No. C-09-04643-TEH (NJV)

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Plaintiff,

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v.

JOINT STIPULATION AND [PROPOSED]
ORDER TO CANCEL SETTLEMENT
CONFERENCE

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ALAMEDA COUNTY PRISON HEALTH
SERVICES, et al.,

Judge: Hon. Thelton E. Henderson
Magistrate Judge: Nandor J. Vadas
Conference Date: March 7, 2012

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Defendant.
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To avoid the waste of significant party and judicial resources, Plaintiff Leon L. Meyers

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and Defendant Lynn C. Bowers, L.V.N., jointly request cancellation of the third settlement

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conference with Magistrate Judge Vadas (currently set for March 7, 2012).

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

1.

STIPULATION AND ORDER TO CANCEL
SETTLEMENT CONFERENCE
3:09-CV-04643-TEH

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By way of background, Mr. Meyers is a state prisoner who originally sued Ms. Bowers in

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pro se

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and simultaneously referred the parties to Magistrate Judge Vadas for a settlement conference.

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(Doc. 40.) Ms. Bowers subsequently discovered more information that she contends would

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necessitate summary judgment, and advised Judge Vadas accordingly during the March 21, 2011

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settlement conference.
On April 19, 2011, Judge Vadas conducted a telephonic status conference, which he

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transformed into a settlement conference. (Doc. 53.) Judge Vadas concluded at that time:

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The parties remain too far apart in terms of settlement negotiations for a further
settlement conference to be fruitful at this time. If, after the ruling on [the second
motion for] summary judgment is entered, the parties determine a further
settlement conference may be useful, the parties may contact the court to request
another date.

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Id.

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The Court subsequently appointed counsel for Plaintiff, who recommended that Mr.

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Meyers revisit the possibility of settlement. Based on the understanding that Mr. Meyers would

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significantly reduce his settlement aspirations, Ms. Bowers agreed

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a third settlement conference.

(See Doc. 64, p. 5.) That settlement

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conference has been set for March 7, 2012. However, following discussion with counsel, Mr.

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Meyers remains disinclined to reduce his settlement aspirations, such that counsel for both sides

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agree another settlement conference at this time would be an utter waste.

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In sum, nothing has changed from the last settlement conference when Magistrate Judge

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parties requested the referral for a third settlement conference, they now respectfully request that

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the Court cancel the referral.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

2.

STIPULATION AND ORDER TO CANCEL
SETTLEMENT CONFERENCE
3:09-CV-04643-TEH

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Dated: February 21, 2012

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COOLEY LLP
MICHAEL G. RHODES (116127)
ABIGAIL E. PRINGLE (272548)
NATHAN J. KLEINER (275881)

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/s/ Abigail E. Pringle
Abigail E. Pringle

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Attorneys for Plaintiff
Leon L. Meyers

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Dated: February 21, 2012

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LAW OFFICES OF NANCY E. HUDGINS
/s/ Matthew M. Grigg
Matthew M. Grigg

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Attorneys for Defendant Lynn C. Bowers, L.V.N.

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ORDER

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order requiring them to participate in another
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settlement conference is hereby vacated.
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UNIT
ED

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Dated: February ___, 2012.

RT
U
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UNITED STATES DISTRICT JUDGE
rso
Hon. Thelton E. Hendersonn
. Hende

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Judge T

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S DISTRICT
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IT IS SO ORDERED.
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N

F
D IS T IC T O
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C

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

3.

STIPULATION AND ORDER TO CANCEL
SETTLEMENT CONFERENCE
3:09-CV-04643-TEH