Furnace v. Knuckles et al

Filing 291

ORDER REGARDING MEDIATION. The correctional institution that has custody of Plaintiff shall arrange a telephone call between Plaintiff and his attorney, to occur no later than September 8, 2015. The correctional institution shall also arrange for Plaintiff to be available by telephone for the mediation session on September 9, 2015. Signed by Judge Maxine M. Chesney on September 3, 2015. (mmclc2, COURT STAFF) (Filed on 9/3/2015)

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DANIEL H. BOOKIN (S.B. #78996)
[e-mail]

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KATHERINE L. WAWRZYNIAK (S.B. #252751)
[e-mail]

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IAN A. KANIG (S.B. #295623)
[e-mail]

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SARAH H. TRELA (S.B. #293089)
[e-mail]

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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 DIVISION

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EDWARD T. FURNACE,
Plaintiff,

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Case No. C 09-6075 MMC (EDL)
STIPULATION AND [PROPOSED]
ORDER REGARDING MEDIATION

v.
Hon. Maxine M. Chesney

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K. NUCKLES, et al.,
Defendants.
Initial Complaint Filed: December 30, 2009
Operative Complaint Filed: July 10, 2010

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Trial Date: None
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JOINT STIP. & [PROPOSED] ORDER
RE MEDIATION
NO. C 09-6075 MMC (EDL)

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

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

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Sensel, M. Atchley, J. Mora, O. Ponce, and J. Delaney (collectively, “Defendants”), by and

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through counsel, have scheduled a mediation with the Hon. James Ware (Ret.) of JAMS for

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Wednesday, September 9, 2015 from 9:00 a.m. PDT to 5:00 p.m. PDT;

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WHEREAS, Plaintiff is a life-without-parole inmate who is scheduled to be transferred

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from Kern Valley State Prison to the Special Housing Unit (“SHU”) at Pelican Bay State Prison

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on September 1, 2015;

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WHEREAS, due in part to the transfer and in part to Plaintiff’s prison programming,

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Plaintiff’s counsel, O’Melveny & Myers LLP (“O’Melveny”) has been unable to arrange for a

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legal phone call with Plaintiff in advance of the mediation in order to discuss matters of strategy

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and Plaintiff’s views on settlement;

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WHEREAS, having Plaintiff available by telephone before and during the mediation on

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September 9, 2015 will allow him to provide his counsel with insights and information and weigh

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any settlement offers in real time, and such input would be valuable and increase the chances the

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parties will reach a resolution;

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WHEREAS, Plaintiff has previously participated by telephone in settlement conferences
with Mag. Judge Nandor Vadas in this case without incident;

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WHEREAS, defense counsel have no objections to (1) a pre-mediation legal phone call,

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(2) Plaintiff’s participation by telephone in the JAMS mediation with Judge Ware on September

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9, 2015, and (3) Plaintiff receiving a vegetarian meal during the mediation.

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

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and Defendants, through their respective undersigned counsel of record, that the parties jointly

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request that the Court enter the attached Proposed Order.

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IT IS SO STIPULATED.

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JOINT STIP. & [PROPOSED] ORDER
RE MEDIATION
NO. C 09-6075 MMC

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Dated: September 2, 2015

KATHERINE L. WAWRZYNIAK
O’MELVENY & MYERS LLP

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By:
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/s/ Katherine L. Wawrzyniak
Katherine L. Wawrzyniak

Attorneys for Plaintiff
EDWARD T. FURNACE

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Dated: September 2, 2015
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DENISE SERRA
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Denise Serra
Denise Serra

Attorneys for Defendants 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

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Dated: September 2, 2015

SUSAN E. COLEMAN
BURKE, WILLIAMS & SORENSEN, LLP

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By:

/s/ Susan E. Coleman
Susan E. Coleman

Attorneys for Defendants K. Nuckles and J.J.
Rodriguez

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JOINT STIP. & [PROPOSED] ORDER
RE MEDIATION
NO. C 09-6075 MMC

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ATTESTATION OF FILING

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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 Regarding Mediation has been obtained

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from Defendants’ counsel, Denise Serra and Susan E. Coleman.

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Dated: September 2, 2015
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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

Attorneys for Plaintiff
EDWARD T. FURNACE

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JOINT STIP. & [PROPOSED] ORDER
RE MEDIATION
NO. C 09-6075 MMC

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[PROPOSED] ORDER

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The Court, having considered the Joint Stipulation and [Proposed] Order Regarding

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Mediation, and good cause appearing:

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1.

The Stipulation is approved; in part, as follows:

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2.

The Court orders that Pelican Bay State Prison, or the correctional institution that

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presently has custody of Plaintiff Edward T. Furnace, arrange a pre-mediation legal telephone call

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between O’Melveny and Plaintiff to occur no later than September 8, 2015 at a time mutually

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convenient to Plaintiff, Plaintiff’s counsel, and the correctional institution. The correctional

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institution shall allow at least one hour for the call.

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3.

The Court further orders that Plaintiff shall be available by telephone from 9:00

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a.m. to 5:00 p.m. on September 9, 2015, for the mediation. Plaintiff shall connect with the JAMS

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mediation session by dialing 1-866-285-2458 and entering the code 4159848947. Plaintiff’s

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institution shall provide Plaintiff with a vegetarian meal during the mediation session.

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4.

To the extent the parties seek an order directing the correctional institution

to "provide Plaintiff with a vegetarian meal during the mediation session," the stipulation
is not approved, for the reason that the parties have made no showing that Plaintiff is on
the institution's list of individuals who are to receive vegetarian meals, or that the
institution should be required to provide such meals other than in accordance with its
ordinary procedures.
5.
Plaintiff shall serve this order forthwith upon the appropriate correctional
institution.

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IT IS SO ORDERED.
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Dated: September ___, 2015
By:
Hon. Maxine M. Chesney
United States District Judge

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JOINT STIP. & [PROPOSED] ORDER
RE MEDIATION
NO. C 09-6075 MMC