Cefalu v. Holder

Filing 136

ORDER Vacating Trial Date re 132 STIPULATION WITH PROPOSED ORDER Regarding Settlement Conference filed by Eric H. Holder, Jr. Signed by Judge Thelton E. Henderson on 09/24/13. (tehlc2, COURT STAFF) (Filed on 9/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VINCENT A. CEFALU,

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Plaintiff,

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v.
ERIC H. HOLDER, JR., U.S. Attorney
General, U.S. Department of Justice,

NO. C12-0303 TEH
ORDER VACATING TRIAL
DATE

Defendant.
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For the Northern District of California

United States District Court

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On April 15, 2013, the parties were referred, with their mutual consent, to Magistrate

14 Judge Maria-Elena James for a mandatory settlement conference to occur no later than five
15 calendar days before the October 21, 2013 pretrial conference. Apr. 15, 2013 Order for
16 Pretrial Prep. ¶ 8 (Docket No. 69). At the time of referral, the Court advised the parties to
17 contact Judge James well in advance so that they could secure a settlement conference date
18 on her calendar.
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It appears that the parties failed to do so, and they are now unable to schedule a

20 settlement conference before Judge James prior to the court-ordered deadline. Sept. 19, 2013
21 Stip. re: Settlement Conf. at 2 (Docket No. 132). The parties therefore request that the Court
22 refer the matter for a settlement conference on October 3, 2013, before Magistrate Judge
23 Donna M. Ryu or on October 4, 2013, before Magistrate Judge Howard R. Lloyd because the
24 parties are available on those dates and those judges do not have any conflicts on their
25 publicly available calendars. Id. However, the judges might not actually be available on
26 those dates, and, in any event, the parties originally agreed to a settlement conference before
27 Judge James and bear responsibility for being unable to schedule a timely settlement
28 conference with her.

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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the parties

2 shall schedule a mandatory settlement conference before Magistrate Judge James as soon as
3 her schedule will allow. The October 21, 2013 pretrial conference and October 29, 2013 trial
4 date are VACATED. On or before October 8, 2013, the parties shall file a joint case
5 management statement setting forth their settlement conference date, proposed new trial date,
6 and proposed new estimate for the length of the trial following this Court’s granting in part
7 Defendant’s motion for summary judgment.
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11 Dated: 09/24/13
For the Northern District of California

United States District Court

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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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