Robinson v. United States of America

Filing 45

ORDER RESCHEDULING OF SETTLEMENT CONFERENCE re 44 Notice of Unavailability: Settlement Conference rescheduled to 11/3/2016 11:00 AM. Signed by Magistrate Judge Donna M. Ryu on 7/28/16. (ig, COURT STAFF) (Filed on 7/28/2016)

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BRIAN J. STRETCH (CABN 163973)
United States Attorney
SARA WINSLOW (DCBN 457643)
Chief, Civil Division
MICHAEL T. PYLE (CABN 172954)
Assistant United States Attorney
150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
E-mail: [e-mail]
Attorneys for Defendant
UNITED STATES OF AMERICA

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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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JOHN P. ROBINSON,

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Case No. 14-03532 MMC (DMR)
Plaintiff,

v.
UNITED STATES OF AMERICA, and DOES 1
to 25, inclusive,

JOINT NOTICE OF LEAD TRIAL
COUNSELS’ UNAVAILABILITY FOR
SETTLEMENT CONFERENCE ON
SEPTEMBER 27, 2016 AND
[PROPOSED] ORDER RESCHEDULING SETTLEMENT
CONFERNECE

Defendants.
Hon. Maxine M. Chesney

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On July 22, 2016, District Judge Maxine M. Chesney issued an order referring this case to

23 Magistrate Judge Donna M. Ryu for settlement purposes. ECF No. 42. On July 25, 2016, Defendant’s
24 counsel e-mailed Judge Ryu’s Courtroom Deputy, Ms. Garcia, to provide a copy of the order referring
25 the case to Judge Ryu for settlement purposes and to ask whether Ms. Garcia could provide some dates
26 that Judge Ryu had available for the settlement conference. Ms. Garcia did not respond to the e-mail,
27 and on July 27, 2016, Judge Ryu issued an order giving notice of a settlement conference scheduled for
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JOINT NOTICE OF LEAD TRIAL COUNSEL’S UNAVAILABILITY FOR SETTLEMENT CONFERENCE &
[PROPOSED] ORDER
Case No. 14-03532 MMC (DMR)
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1 September 27, 2016 at 11:00 a.m. ECF No. 43.
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Defendant’s counsel promptly e-mailed Judge Ryu’s Courtroom Deputy, Ms. Garcia, to advise

3 that lead counsel for both parties were unavailable on September 27, 2016 for a settlement conference
4 and proposed some dates in early October that all parties were available. Ms. Garcia promptly responded
5 and advised that Judge Ryu had ordered the parties to e-file a document about the scheduling conflict
6 and to list all available dates in October for which the parties are available for a settlement conference.
7 On July 28, 2016, Ms. Garcia advised that the parties should also list available dates in November.
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The Court’s notice (ECF No. 43) specifies that “Lead trial counsel shall appear at the settlement

9 conference . . .”. Plaintiff’s lead trial counsel, Marjorie Heinrich, is unavailable on September 27, 2016
10 because she will be on a long-planned vacation that week and it is not possible to change the dates of
11 this vacation. Defendant’s lead trial counsel, AUSA Michael Pyle, is currently scheduled for a medical
12 procedure the morning of September 27; that procedure cannot be performed earlier and Mr. Pyle has
13 been advised that it should not be further delayed.
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The parties report that they are available on the following days in October:

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6, 7, 11, 12, 13, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28 or 31.

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The parties report that they are available on the following days in November:

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1, 2, 3, 4, 7, 8, 9, 10, 14, 15, 16, 17, or 18.

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The parties would prefer the earliest possible date that is consistent with Judge Ryu’s schedule.

19 For the Court’s convenience, the parties have included a proposed order below.
20 DATED: July 28, 2016

Respectfully submitted,

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/s/
MARJORIE J. HEINRICH
Attorney For JOHN P. ROBINSON

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23 As the ECF User whose identification and password are being used to file this Stipulation, I attest under
penalty of perjury that plaintiff’s counsel has concurred in the filing of this document.
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JOINT NOTICE OF LEAD TRIAL COUNSEL’S UNAVAILABILITY FOR SETTLEMENT CONFERENCE &
[PROPOSED] ORDER
Case No. 14-03532 MMC (DMR)
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DATED: July 28, 2016

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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/s/ Michael T. Pyle
MICHAEL T PYLE
Assistant United States Attorney

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[PROPOSED] ORDER

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The Court continues the settlement conference in this case from September 27, 2016, at the request
November
9 of the parties based on the unavailability of lead trial counsel, to October __, 2016 at _____ a.m., at the
11:00
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10 U.S. District Court, 1301 Clay Street, Oakland California, 94612. Except for this change in the date of
11 the settlement conference, all provisions in the Court’s order (ECF No. 43) shall be complied with by
12 the parties.
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July28, 2016
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JOINT NOTICE OF LEAD TRIAL COUNSEL’S UNAVAILABILITY FOR SETTLEMENT CONFERENCE &
[PROPOSED] ORDER
Case No. 14-03532 MMC (DMR)
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