Sangraal et al v. City and County of San Francisco et al

Filing 72

ORDER by Magistrate Judge Maria-Elena James granting 71 Stipulation to vacate settlement conference. (rmm2S, COURT STAFF) (Filed on 6/4/2013)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
DONALD P. MARGOLIS, State Bar #116588
ELIZABETH PEDERSON, State Bar #288184
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: [phone] [Margolis]
Telephone:
[phone] [Pederson]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
MARIA ELENA MARTINEZ, SUSAN TAIT,
BARBARA HIGGINS, MAYRA GOMEZ,
and DAN PHILLIPS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CATHERINE JONES,

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Plaintiff,

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vs.

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,

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Case No. 11-cv-04884 LB (MEJ)
STIPULATION AND (PROPOSED) ORDER
VACATING SETTLEMENT CONFERENCE
Current Sett. Conf. Date:
Trial Date:

June 18, 2013, 1:00 pm
September 16, 2013

Defendants.

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The parties stipulate to an order vacating the settlement conference set for June 18, 2013 in this

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matter.
RECITALS

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A.

On February 25, 2013, this Court filed its Notice of Continuance of Settlement

Conference, re-setting the settlement conference date for June 18, 2013, at 10:00 a.m. (Dkt. 31.)
B.

On March 28, 2013, defendants filed a motion for summary judgment. In the course of

a telephone conference concerning that motion on June 3, 2013, among counsel and Magistrate Judge
Stip & Order Vacating Settlement Conference
Sangraal/Jones v. CCSF; Case No. 11-cv-04884

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Beeler, after previous adjustments of the hearing date on defendants’ motion, the Court reset the

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hearing date on the motion from June 6 to June 20, 2013. In discussing the issue of an approprieate

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hearing date, Judge Beeler raised the subject of the value and timing of the upcoming settlement

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conference. Plaintiff’s counsel stated he was pessimistic that the settlement conference could lead to a

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resolution while the summary judgment motion remained to be heard. Defendant’s counsel concurred.

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C.

Based on counsel’s assessments, Judge Beeler agreed that it would be appropriate to

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seek an order by Judge James vacating the settlement conference, and authorized counsel to represent

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her view to Judge James.

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D.

Trial in this matter is set for September 16, 2013.
STIPULATION

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In the interest of promoting economy and efficiency for the Court and the parties, and avoiding

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a settlement conference that the parties believe has little prospect of yielding a settlement, at least at

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this juncture, the parties stipulate to the entry of an order vacating the June 18, 2013 settlement

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conference, without prejudice to the right of either party to seek the setting of a settlement conference

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at a later date on which the Court is available, after the hearing on the pending summary judgment

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motion.

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Dated: June 4, 2013

DENNIS J. HERRERA
City Attorney

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By:

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Dated: June 4, 2013

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/s/ Donald P. Margolis
DONALD P. MARGOLIS
Deputy City Attorney
Attorneys for Defendants
THE LAW OFFICES OF ROBERT R. POWELL
By: /s/ Dennis Ingols
DENNIS INGOLS
Attorneys for Plaintiff

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Stip & Order Vacating Settlement Conference
Sangraal/Jones v. CCSF; Case No. 11-cv-04884

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ORDER

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Pursuant to the parties’ stipulation, it is hereby ordered that the settlement conference

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scheduled for June 18, 2013 is VACATED, subject to the right of any party to request a rescheduled

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settlement conference after the hearing on the motion for summary judgment, and subject to the

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availability of a suitable date on the Court’s calendar for a settlement conference.

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IT IS SO ORDERED.

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June 4, 2013
Dated: _________________
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By:
HON. MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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Stip & Order Vacating Settlement Conference
Sangraal/Jones v. CCSF; Case No. 11-cv-04884

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