Moeller v. City of Santa Rosa

Filing 11

STIPULATION AND ORDER FOR REFERRAL TO MAGISTRATE JUDGE FOR A JUDICIAL SETTLEMENT CONFERENCE. Signed by Magistrate Judge Laurel Beeler on 5/24/2010. (ls, COURT STAFF) (Filed on 5/24/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TIMOTHY S. THIMESCH, ESQ., No. 148213 GENE A. FARBER, ESQ., No. 44215 Of Counsel 158 Hilltop Crescent Walnut Creek, CA 94597-3452 Tel: 925-588-0401 Fax: 888-210-8868 Attorneys for Plaintiff FRANCIE MOELLER CAROLINE L. FOWLER, City Attorney (SBN 110313) JOHN J. FRITSCH, Assistant City Attorney (SBN 172182) City of Santa Rosa 100 Santa Rosa Avenue, Room 8 Santa Rosa, California 95404 Telephone: (707) 543-3040 Facsimile: (707) 543-3055 Attorneys for Defendant CITY OF SANTA ROSA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA FRANCIE MOELLER, Plaintiff, v. CITY OF SANTA ROSA, and DOES 1 through 50, Inclusive, Defendants. CASE NO. CV 09-1100 LB Civil Rights STATUS REPORT AND STIPULATION AND [Proposed] ORDER FOR REFERRAL TO MAGISTRATE JUDGE FOR A JUDICIAL SETTLEMENT CONFERENCE Case Management Conference: Date: [NOT SET] Time: Place: Judge: Hon. Laurel Beeler / The parties continue to cooperate in implementing General Order 56. At the time of this statement, the parties have exchanged detailed reports and conducted the required meeting between parties, consultants and counsel. Tentative agreements appear to have been reached already on many issues. A follow-up Joint Site Inspection on the more contentious issues is Stipulation and Order For Referral to Settlement Conference: Case No. CV 09-1100 LB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 scheduled for June 22. This will attempt to resolve as many remediation claims as possible. In order to maintain the momentum toward settlement and to assist the parties in their negotiations, the parties request referral of this matter to a judicial settlement conference before a magistrate judge. There is substantial good cause for a referral. This claims involves large municipal facilities, substantial requested expenditures and severe budgetary constraints. The parties believe the divisive nature of these issues, the nature of the damages, as well as the participation of a government entity, will require the firm assistance of a magistrate judge, who will be more effective at dealing with the factual and legal issues, as well as devising creative solutions. The parties defer to the court's discretion on the selection of a magistrate judge. The parties suggest the settlement conference be held the week of August 23, 2010, or as soon thereafter as the judge is available. Dated: May 19, 2010 THIMESCH LAW OFFICES TIMOTHY S. THIMESCH /s/ Authorized Signed Attorneys for Plaintiff FRANCIE MOELLER Dated: May 19, 2010 OFFICE OF CITY ATTORNEY /S/ Signature Authorized JOHN J. FRITSCH Assistant City Attorney Attorneys for Defendant CITY OF SANTA ROSA ORDER SO ORDERED. Dated: May 24, 2010 HON. LAUREL BEELER MAGISTRATE JUDGE FOR U.S. DISTRICT COURT Stipulation and Order For Referral to Settlement Conference: Case No. CV 09-1100 LB --2--

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