Vogt v. California Highway Patrol et al

Filing 22

ORDER Re Docket No. 21 Granting Request to Vacate CMC Status. Status Report due by 9/23/2016. Signed by Judge Haywood S. Gilliam, Jr. on 8/9/2016. (ndrS, COURT STAFF) (Filed on 8/9/2016)

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1 2 3 4 5 Richard A. Madsen, Jr. (SBN 146174) MADSEN LAW FIRM 551 Hartz Avenue, Suite B Danville, California 94526 Telephone: (925) 837-0900 Facsimile: (925) 837-0905 Email: Rick@MadsenLawFirm.com Attorney for Plaintiff, Leah Vogt 6 7 8 UNITED STATES DISTRICT COURT 9 IN THE NORTHERN DISTRICT OF CALIFORNIA 10 Leah Vogt, Case No.: 15-cv-05199-HSG 11 12 Plaintiff, JOINT STATUS REPORT AND NOTICE OF SETTLEMENT 13 vs. 14 California Highway Patrol (“CHP”); CHP Commissioner Joseph Farrow; CHP Officer Sean Harrington; CHP Officer Robert Hazelwood; CHP Officer Dion Simmons; individually and in their official capacities as peace officers; and DOES 1-100, 15 16 17 18 Defendants. / 19 20 21 22 Pursuant to the Court’s order on June 10, 2016, the parties hereby submit the following Joint Status Report: 1. The parties are in the process of finalizing their global settlement to 23 resolve the claims of all plaintiffs against all defendants in the instant matter, and in the 24 related matter (Sramek vs. California Highway Patrol, et al., Case 15-cv-04873-HSG). 25 2. A formal settlement agreement/release was drafted by defendant 26 California Highway Patrol and circulated between the parties and their respective 27 counsel for review, modification, approval, and execution. All settlement documents 28 Joint Status Report - 1 CASE NO. 15-cv-05199-HSG 1 have now been executed by plaintiffs and submitted to the Office of the Attorney 2 General for processing. 3 3. The parties request the Court vacate the CMC scheduled for August 16th, 4 2016 (and other related deadlines), and grant an additional 45-60 days for the 5 finalization of the settlement, receipt of settlement funds, and the anticipated filing of a 6 Stipulated Dismissal – OR – for the filing of a further updated Joint Status Report if 7 there is any additional delay. 8 9 Respectfully submitted, 10 11 Dated: August 9, 2016 12 By: /s/ Richard A. Madsen, Jr. _ By: /s/ Wil Fong _ 13 14 15 16 17 18 19 Richard A. Madsen, Jr., Esq. Attorney at Law Madsen Law Firm 551 Hartz Avenue, Ste. B Danville, CA 94526 Telephone: (925) 837-0900 Facsimile: (925) 837-0905 Email: Rick@MadsenLawFirm.com Wil Fong, Esq. Deputy Attorney General Office of the Attorney General 1515 Clay Street, 20th Floor Oakland, CA 94612-0550 Telephone: (510) 622-2114 Facsimile: (510) 622-2121 Email: Wil.Fong@doj.ca.gov Attorney for Plaintiff Natalie Sramek Attorney for Defendant California Highway Patrol 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 The CMC scheduled for August 16, 2016, is vacated. The parties are directed to file an 24 updated Joint Status Report of no more than two pages on or before ___________________, September 23 25 2016, in the event a Stipulation of Dismissal has not been filed in advance of that date. 26 27 28 Dated: ___________________, 2016 August 9 __________________________________ Honorable Haywood S. Gilliam, Jr. Joint Status Report - 2 CASE NO. 15-cv-05199-HSG

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