Furnace v. Knuckles et al

Filing 223

ORDER CONTINUING SETTLEMENT CONFERENCE SET FOR OCTOBER 17, 2014, DIRECTIONS TO PARTIES The settlement conference currently set for October 17, 2014 is continued, and the parties are directed to contact Judge Vadas to request a specific date for the further settlement conference. Signed by Judge Maxine M. Chesney on October 7, 2014. (mmclc2, COURT STAFF) (Filed on 10/7/2014)

Case3:09-cv-06075-MMC Document222 Filed10/06/14 Page1 of 5

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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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Plaintiff,

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Case No. C 09-6075 MMC

v.

JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
THE SETTLEMENT CONFERENCE
SET FOR OCTOBER 17, 2014

K. Nuckles et al.,
Judge: Hon. Maxine M. Chesney

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Defendants.
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.
Rasley, D. Bittner, J. Celaya, J. Rodriguez, A. Butt, R. Lipps, M. Kircher, J. Sensel, M. Atchley,
J. Mora, O. Ponce, and J. Delaney (collectively, “Defendants”), by and through their respective
counsel of record, do hereby stipulate and agree, under Local Rule 7-12, to the filing of this Joint
Stipulation and [Proposed] Order Continuing the Settlement Conference Set for October 17,
2014.

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JOINT STIP. & [PROPOSED] ORDER
CONTINUING FURTHER SETTLEMENT
CONFERENCE C 09-6075 MMC

Case3:09-cv-06075-MMC Document222 Filed10/06/14 Page2 of 5

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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, at a status conference on July 22, 2014, Judge Vadas set a further settlement
conference for October 17, 2014 at 1:00 p.m.;
WHEREAS, on September 17, 2014, pursuant to a stipulation between the parties, the
Court modified the stay to allow Plaintiff Edward T. Furnace to file a motion to compel to resolve
discovery disputes;
WHEREAS, on September 30, 2014, Mr. Furnace filed a Motion to Compel Compliance

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with Subpoena to the California Department of Corrections and Rehabilitation and noticed the

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motion for hearing on November 18, 2014 at 9:00 a.m. before Magistrate Judge Laporte; and

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WHEREAS, the parties agree that further settlement discussions will not be productive
until the Court rules on the Motion to Compel.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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Parties, through their respective undersigned counsel of record, to continue the further settlement

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conference currently set for October 17, 2014 to a date after December 18, 2014.

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IT IS SO STIPULATED.

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Dated: October 6, 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
CONTINUING FURTHER SETTLEMENT
CONFERENCE C 09-6075 MMC

Case3:09-cv-06075-MMC Document222 Filed10/06/14 Page3 of 5

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Dated: October 6, 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
CONTINUING FURTHER SETTLEMENT
CONFERENCE C 09-6075 MMC

Case3:09-cv-06075-MMC Document222 Filed10/06/14 Page4 of 5

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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: October 6, 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
CONTINUING FURTHER SETTLEMENT
CONFERENCE C 09-6075 MMC

Case3:09-cv-06075-MMC Document222 Filed10/06/14 Page5 of 5

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

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Settlement Conference Set for October 17, 2014, submitted by the parties, and good cause

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appearing:

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1. The Stipulation is approved;

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2. The parties are hereby DIRECTED to contact Judge Vadas to request is specific date
The further settlement conference currently set for October 17, 2014, a hereby
for the further settlement conference.
continued to _____________________.

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

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JOINT STIP. & [PROPOSED] ORDER
CONTINUING FURTHER SETTLEMENT
CONFERENCE C 09-6075 MMC