Resighini Rancheria et al v. Bonham

Filing 47

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE TO PURSUE SETTLEMENT filed by Gary Dowd, Frank Dowd, Resighini Rancheria Case Management Statement due by 7/18/2013. Case Management Conference set for 7/25/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/16/13. (bpf, COURT STAFF) (Filed on 5/16/2013)

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LESTER J. MARSTON
California State Bar No. 081030
RAPPORT AND MARSTON
405 West Perkins Street
Ukiah, CA 95482
Telephone: [phone]
Facsimile: 707-462-4235

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Attorneys for Plaintiffs

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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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RESIGHINI RANCHERIA, FRANK DOWD, )
and GARY DOWD,
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Plaintiffs,
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vs.
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DEAN WILSON, individually and in his
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official capacity as Del Norte County
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Sheriff,
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Defendant.
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______________________________ )

Case No. CV 11 6710 EMC
STIPULATION FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE TO PURSUE
SETTLEMENT AND ORDER
THEREON
DATE: May 30, 2013
TIME: 9:00 a.m.
CTRM.: 5, 17th Floor

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The parties, by and through their respective, undersigned legal counsel, hereby
stipulate as follows:
1.

On March 7, 2013, the parties filed a Joint Case Management Statement and

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requested the Court to continue the Case Management Conference in this case for an

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additional 60 days in order to allow the parties to pursue settlement.

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2.

By Order of the Court, the Court reset the Case Management Conference

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from March 7, 2013 to May 30, 2013, and ordered the parties file a Joint Case

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Management Statement by May 23, 2013.

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3.

The Stipulation for Entry of Judgment that was negotiated by the attorney’s

by the parties was not approved by the parties. The parties then began new negotiations

S:\LJM\Pldgs13\Resighini\Wilson\stip

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STIPULATION FOR CONTINUANCE OF CASE
MANAGEMENT CONFERENCE TO PURSUE
SETTLEMENT AND ORDER THEREON

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in good faith in attempt to settle the case. Attorney’s for the Plaintiffs have now drafted

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a comprehensive settlement agreement which it is submitting to the Defendant’s for their

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review and approval. Under the terms of the settlement the Court would not be required

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to approve the settlement but rather if the County approves the settlement the Plaintiffs

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will dismissed the case without prejudice.

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4.

The parties are requesting that the Court continue the Case Management

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Conference for an additional 60 days to allow the parties this last opportunity to settle this

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case under the terms and conditions of the proposed settlement agreement. Fourteen (14)

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days prior to the date that the Court sets for a new Case Management Conference, the

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parties will file an updated Joint Case Management Statement.

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DATED: May 14, 2013

RAPPORT AND MARSTON

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By:

/s/ Lester J. Marston
LESTER J. MARSTON
Attorney for Plaintiffs

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DATED: May 14, 2013

DEL NORTE COUNTY COUNSEL

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By:

/s/ Gretchen Stuhr
GRETCHEN STUHR
Attorney for Defendant

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ORDER

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RT
U
O

DERED
SO OR ED
I
By:T IS
DIFI
AS MO

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Edward M. Chen
United ard M. Chen
States District Court Judge
dge Edw
Ju

NO

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RT

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ER

STIPULATION FOR CONTINUANCE OF CASE
MANAGEMENT CONFERENCE TO PURSUE
SETTLEMENT AND ORDER THEREON

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S:\LJM\Pldgs13\Resighini\Wilson\stip

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May 30, 2013, at 9:00 a.m. is vacated. A Case Management Conference shall be held on
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July __, 2013 at 9:00 a.m. The parties shall file a Joint Case Management Conference
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Statement by July __, 2013.
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DATED: May __, 2013
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IT IS HEREBY ORDERED, that the Case Management Conference presently set for

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Having read the foregoing stipulation and good cause appearing therefore,

UNIT
ED

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N

D

OF

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CERTIFICATE OF SERVICE

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I, LESTER J. MARSTON, hereby certify that a copy of the foregoing document was
this date served upon all counsel of record by electronically filing the foregoing with the
Clerk of the U.S. District for the Northern District of California, using its ECF system,
which automatically provides electronic notification to the following:

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Cecilia Louise Dennis
Office of the California Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 95814
[phone]
Matthew G. Bullock
State of California of the Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 95814
[phone]

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Attorney for Defendant Charles H. Bonham

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Gretchen Maria Stuhr
Del Norte County Counsel
981 H Street, Suite 220
Crescent City, CA 95531
[phone]

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Attorney for Dean Wilson

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/s/ Lester J. Marston
LESTER J. MARSTON, Attorney
for Plaintiffs

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S:\LJM\Pldgs13\Resighini\Wilson\stip

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STIPULATION FOR CONTINUANCE OF CASE
MANAGEMENT CONFERENCE TO PURSUE
SETTLEMENT AND ORDER THEREON