Ruiz v. Sawaya et al

Filing 137

STIPULATION AND ORDER re 136 STIPULATION WITH PROPOSED ORDER to Vacate Trial Date and Continue April 1, 2016 Case Management Conference filed by Ruben J. Ruiz. Signed by Judge Jon S. Tigar on March 31, 2016. (wsn, COURT STAFF) (Filed on 3/31/2016)

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ROBERT B. MULLEN (SB 136346)
AT&T SERVICES, INC. LEGAL
DEPARTMENT
430 Bush St., 1st Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
RUBEN J. RUIZ

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KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General
GIAM M. NGUYEN
Deputy Attorney General
State Bar No. 229236
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
ERIN GANAHL
Deputy Attorney General
Attorneys for Defendants Sawaya,
Shaw, and Daharsh

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN J. RUIZ,

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Case No. 11-3126 JST (PR)
Plaintiff,

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v.

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STIPULATION TO VACATE TRIAL
DATE AND CONTINUE APRIL 1, 2016
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

CORRECTIONAL OFFICER M.
SAWAYA, et al.,

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Defendants.

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Plaintiff Ruben J. Ruiz (“Plaintiff”) and defendants M. Sawaya, N. Daharsh, and J. Shaw
(“Defendants”) enter the following stipulation:

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WHEREAS the parties have settled this case in principle and are finalizing the settlement
papers;

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WHEREAS trial is presently scheduled for April 25, 2016;

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WHEREAS the Court has scheduled a case management conference on April 1, 2016 at

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2:00 p.m., pursuant to order dated March 24, 2016 (ECF no. 132);

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STIPULATION TO VACATE TRIAL DATE AND CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

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WHEREAS the parties anticipate finalizing the settlement papers and filing a joint
stipulation to dismiss the case no later than April 14, 2016; and
WHEREAS counsel for Plaintiff additionally has a scheduling conflict on April 1, 2016,
due to a deposition that he has committed to attend;
NOW, THEREFORE, Plaintiff and Defendants agree to ask the Court to vacate the trial

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date of April 25, 2016 and to continue the April 1, 2016 case management conference to April 15,

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2016 or later to allow the parties time to finalize the settlement and dismiss the case. In the

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alternative, the parties agree that, with Court approval, Plaintiff’s counsel may attend the case

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management conference on April 1, 2016 by telephone.

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Dated: March 31, 2016

AT&T Services, Inc. Legal Department

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By: /s/ Robert B. Mullen
Robert B. Mullen
Attorneys for Plaintiff Ruben J. Ruiz

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Dated: March 31, 2016

KAMALA D. HARRIS

Attorney General of California
Marisa Y. Kirschenbauer
Supervising Deputy Attorney General

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/s/ Erin Ganahl
ERIN GANAHL
Deputy Attorney General
Attorneys for Defendants
M. Sawaya, N. Daharsh, and J. Shaw

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Attestation Under N.D. Cal. Civil Local Rule 5-1(i)
I, Robert B. Mullen, attest and declare as follows:
Concurrence in the filing of this document has been obtained from all signatories, and shall
serve in lieu of their signatures on the document.

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-2STIPULATION TO VACATE TRIAL DATE AND CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

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I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Signed on March 31, 2016 in San Francisco, California.

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/s/Robert B. Mullen

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Robert B. Mullen

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-3STIPULATION TO VACATE TRIAL DATE AND CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

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[PROPOSED] ORDER

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The Court, having considered the above stipulation by the parties, hereby vacates the trial

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date of April 25, 2016 and continues the Case Management Conference presently scheduled for

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April 15, 2016 at 2:00 p.m.
April 1, 2016 to ____________________________________________________.

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[In the alternative, the Court will allow counsel for plaintiff Ruben Ruiz to attend the Case
Management Conference on April 1, 2016 by telephone.]

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March 31
Dated: ___________, 2016
UNITED STATES DISTRICT JUDGE

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-4STIPULATION TO VACATE TRIAL DATE AND CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED]
ORDER