Perez v. Nguyen et al

Filing 125

ORDER GRANTING AS MODIFIED 124 STIPULATION TO APPEAR FOR SETTLEMENT CONFERENCE. Jury Selection set for 6/18/2014 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Jury Trial set for 6/23/2014 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 6/2/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 1/23/14. (jjoS, COURT STAFF) (Filed on 1/23/2014)

Case3:09-cv-04939-JSW Document124 Filed01/23/14 Page1 of 4

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
Courtney K. Bohl (SBN 278812) [e-mail]
Joseph J. Orzano (SBN 262040) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
JOHN TIMOTHY PEREZ
ANDRADA & ASSOCIATES
J. Randall Andrada (SBN 70000) [e-mail]
Matthew W. Roman (SBN 267717) [e-mail]
180 Grand Avenue, Suite 225
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
DUC NGUYEN, M.D.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN TIMOTHY PEREZ,
Plaintiff,

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Case No. 09-4939 JSW (KAW)
AMENDED JOINT STIPULATION AND
[PROPOSED] ORDER TO APPEAR FOR
SETTLEMENT CONFERENCE

vs.
D. NGUYEN, DR. BOWMAN, P. LA DUKE,
S.S.A. JONES, B. FRINTZ

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Action Filed:

October 16, 2009

Defendants.
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The Parties to the above entitled action, Duc Nguyen, M.D. (“Defendant”) and John

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Timothy Perez (“Plaintiff”) (collectively referred to herein as the “Parties”), by and through their

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undersigned counsel, hereby stipulate and agree as follows:

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1.

WHEREAS, on June 7, 2013, the Parties submitted to a settlement conference

with the Honorable Magistrate Judge Kandis A. Westmore in the above-captioned matter;

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO APPEAR FOR SETTLEMENT
CONFERENCE; CASE NO. 09-04939 JSW

Case3:09-cv-04939-JSW Document124 Filed01/23/14 Page2 of 4

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2.

WHEREAS, the Parties were unable to reach a resolution of this matter during the

settlement conference. However, Judge Westmore informed the parties she would be willing to
hold a subsequent settlement conference if the Parties so desired;
3.

WHEREAS, the Parties have since engaged in further settlement talks and believe

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that another settlement conference could likely result in settlement and resolution of this matter;
4.

WHEREAS, the Parties contacted the Court and met and conferred regarding

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available dates, and had agreed to attend a settlement conference on Monday, March 3, 2014,

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beginning at a time deemed appropriate by the Court;

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5.

WHEREAS, shortly after filing a stipulation agreeing to hold the settlement

conference on Monday, March 3, 2014, counsel for Plaintiff determined that date was not

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available, and the Parties agreed to amend the stipulation and schedule the settlement conference
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on Friday, March 7, 2014 instead;
6.

WHEREAS, the Parties agree to permit one another to prepare an optional

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supplemental brief, not to exceed 5 pages in advance of the settlement conference. The Parties

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further agree any optional supplemental brief shall be submitted to the Court and exchanged by

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February 28, 2014.

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NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an
Order that the Parties shall appear for a stipulated settlement conference with Magistrate Judge
Kandis A. Westmore on March 7, 2014, at a time deemed appropriate by the Court.
The Parties further stipulate and agree that the Court may enter an Order that the Parties
shall submit any further optional briefing to the Court and to the opposing party no later than
February 28, 2014.
The Parties further stipulate and agree that Plaintiff shall be required to appear at the
settlement conference via teleconference from Pelican Bay Prison in Crescent City, California.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO APPEAR FOR SETTLEMENT
CONFERENCE; CASE NO. 09-04939 JSW

Case3:09-cv-04939-JSW Document124 Filed01/23/14 Page3 of 4

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: January 23, 2014

SEYFARTH SHAW LLP

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By: __________/s/ Matthew J. Mason__________
Francis J. Ortman III
Ari Hersher
Matthew J. Mason
Courtney K. Bohl
Joseph J. Orzano
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ

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DATED: January 23, 2014

ANDRADA & ASSOCIATES

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By: __________/s/ Matthew W. Roman________
J. Randall Andrada
Matthew W. Roman
Attorneys for Defendant
DUC NGUYEN, M.D.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO APPEAR FOR SETTLEMENT
CONFERENCE; CASE NO. 09-04939 JSW

Case3:09-cv-04939-JSW Document124 Filed01/23/14 Page4 of 4

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO

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ORDERED that the shall appear for a stipulated settlement conference with Magistrate Judge

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10:00
Kandis A. Westmore on Friday, March 7, 2014, at _____________ [a.m. / p.m.].
xxx

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It is further ordered that, should they choose to do so, the Parties shall submit any further

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optional briefing to the Court and to the opposing party no later than February 28, 2014. Any

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such optional briefing may not exceed 5 pages in length.

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It is further ordered that Plaintiff John Timothy Perez shall appear at the settlement
conference via teleconference from Pelican Bay Prison in Crescent City, California.

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January 23, 2014
DATED: ___________________

_________________________________
Hon. Jeffrey S. White
United States District Judge

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It is FURTHER ORDERED that the pretrial and trial dates are HEREBY CONTINUED.
The pretrial conference is continued to June 2, 2014 at 2:00 p.m.; the trial is continued to
commence on June 23, 2014 at 8:00 a.m.; jury selection is continued to June 18, 2014 at 8:00
a.m. The parties should make themselves familiar with deadlines associated with pretrial
filings under this Court's Standing Orders.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO APPEAR FOR SETTLEMENT
CONFERENCE; CASE NO. 09-04939 JSW
16725042v.1 / 99999-004737