Furnace v. Knuckles et al

Filing 219

ORDER MODIFYING STAY The stay is modified to allow plaintiff to file a Motion to Compel. Signed by Judge Maxine M. Chesney on September 17, 2014. (mmclc2, COURT STAFF) (Filed on 9/17/2014)

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DANIEL H. BOOKIN (S.B. #78996)
[e-mail]
KATHERINE L. WAWRZYNIAK (S.B. #252751)
[e-mail]
IAN A. KANIG (S.B. #295623)
[e-mail]
SARAH H. TRELA (S.B. #293089)
[e-mail]
O’Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Edward T. Furnace

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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Edward T. Furnace,

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Case No. C 09-6075 MMC
Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO MODIFY
STAY FOR THE LIMITED PURPOSES
OF RESOLVING DISCOVERY
DISPUTES

Defendants.

Judge: Hon. Maxine M. Chesney

v.
K. Nuckles et al.,

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Date of Filing: December 30, 2009
Trial Date: None

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Plaintiff Edward T. Furnace (“Plaintiff”) and Defendants K. Nuckles, J.J. Rodriguez, W.

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Rasley, D. Bittner, J. Celaya, J. Rodriguez, A. Butt, R. Lipps, M. Kircher, J. Sensel, M. Atchley,

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J. Mora, O. Ponce, and J. Delaney (collectively, “Defendants”), by and through their respective

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counsel of record, do hereby stipulate and agree to the filing of this Joint Stipulation and

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[Proposed] Order Modifying the Stay for the Limited Purpose of Resolving Discovery Disputes

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under Local Rule 7-12.

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WHEREAS, Plaintiff Edward Furnace (“Plaintiff”) filed his Complaint in the aboveentitled action on December 30, 2009;
JOINT STIP. & [PROPOSED] ORDER TO
MODIFY STAY C 09-6075 MMC

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WHEREAS, on May 10, 2013, in connection with its summary judgment ruling, this

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Court referred the case to Magistrate Judge Vadas for settlement talks and entered a stay of

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further proceedings;

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WHEREAS, the parties participated in settlement conferences in November 2013 and
March 2014, but the case did not settle;
WHEREAS, in November 2013, Judge Vadas authorized limited discovery in order to
enable parties to better evaluate the strength of their cases;
WHEREAS, between December 2013 and April 2014, Plaintiff served certain defendants
and the California Department of Corrections and Rehabilitation (“CDCR”) with discovery
requests;
WHEREAS, the parties have met and conferred telephonically multiple times to discuss
defendants’ and CDCR’s discovery responses without reaching a resolution;
WHEREAS, both parties have agreed to modify the current stay to allow Mr. Furnace to
file a Motion to Compel in order to resolve the discovery disputes.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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Parties, through their respective undersigned counsel of record, to modify the current stay to

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allow Mr. Furnace to file a motion to compel to resolve discovery disputes.

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IT IS SO STIPULATED.

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Dated: September 16, 2014
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KATHERINE L. WAWRZYNIAK
O’MELVENY & MYERS LLP

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By:

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/s/ Katherine L. Wawrzyniak
Katherine L. Wawrzyniak
Attorney for Plaintiff
Edward T. Furnace

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JOINT STIP. & [PROPOSED] ORDER TO
MODIFY STAY C 09-6075 MMC

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Dated: September 16, 2014

KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General

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By:_/s/ Michael J. Quinn____
Michael J. Quinn
Deputy Attorney General
Attorneys for Defendants

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______

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JOINT STIP. & [PROPOSED] ORDER TO
MODIFY STAY C 09-6075 MMC

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ATTESTATION OF FILING
Pursuant to L.R. 5-1(i)(3), I, Katherine L. Wawrzyniak, hereby attest that concurrence in

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the filing of this Joint Stipulation and [Proposed] Order Modifying the Stay for the Limited

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Purpose of Resolving Discovery Disputes under L.R. 7-12 has been obtained from Defendant’s

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counsel, Michael Quinn.

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Dated: September 16, 2014
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KATHERINE L. WAWRZYNIAK
O’MELVENY & MYERS LLP

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By:

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/s/ Katherine L. Wawrzyniak
Katherine L. Wawrzyniak

Attorney for Plaintiff
Edward T. Furnace

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JOINT STIP. & [PROPOSED] ORDER TO
MODIFY STAY C 09-6075 MMC

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[PROPOSED] ORDER
The Court, having considered the Joint Stipulation and [Proposed] Order to Modify the

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Stay for the Limited Purpose of Resolving Discovery Disputes submitted by the parties, and good

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cause appearing:

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1. The Stipulation is approved;

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2. The Stay is modified to allow Plaintiff to file a Motion to Compel.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: September ___, 2014
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By:
Hon. Maxine M. Chesney
District Court Judge

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JOINT STIP. & [PROPOSED] ORDER TO
MODIFY STAY C 09-6075 MMC