Fuller v. Evans et al

Filing 116

ORDER by Judge Haywood S. Gilliam, Jr. Denying 115 Stipulation to Continue Settlement Conference and Reassign Case for Settlement. (ndrS, COURT STAFF) (Filed on 4/9/2018)

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DURIE TANGRI LLP
LAURA E. MILLER (SBN 271713)
[e-mail]
ZACHARY G. F. ABRAHAMSON (SBN 310951)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone:
415-362-6666
Facsimile:
415-236-6300
Attorneys for Plaintiff
BRUCE L. FULLER

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BRUCE L. FULLER,

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Case No. 4:14-cv-00304-HSG
Plaintiff,

v.
J. EVANS and S. REXFORD,
Defendants.

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE SETTLEMENT
CONFERENCE AND REASSIGN CASE FOR
SETTLEMENT
Date:
Time:
Ctrm:
Judge:

April 18, 2018
10:00 a.m.
G
Honorable Robert M. Illman

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE AND
REASSIGN CASE FOR SETTLEMENT / CASE NO. 4:14-CV-00304-HSG

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STIPULATION

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Pursuant to Civil L.R. 6-1(b) and 6-2, Plaintiff Bruce L. Fuller and Defendants S. Rexford and J.
Evans, by and through their court of record, hereby stipulate as follows:

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WHEREAS, the Court on November 7, 2017 referred this case to Magistrate Judge Illman for
settlement.

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WHEREAS, the Court on November 30, 2017 entered a stipulation and scheduling order. See
ECF No. 109.

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WHEREAS, the scheduling order set May 31, 2018 as the last date for a settlement conference
before Magistrate Judge Illman.

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WHEREAS, Magistrate Judge Illman in January 2018 scheduled an in-person settlement
conference in San Francisco for April 18, 2018. See ECF No. 112.

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WHEREAS, Defendants have been unable to depose Plaintiff in this matter due to an upcoming
criminal trial involving Plaintiff in Kern County Superior Court.

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WHEREAS, the parties jointly seek to complete Plaintiff’s deposition before holding the
settlement conference in this case.

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WHEREAS, Magistrate Judge Illman’s next available date for an in-person settlement conference
in San Francisco is June 22, 2018.

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WHEREAS, the parties mutually seek to hold an in-person settlement conference in San
Francisco before May 31, 2018, in accordance with the Court’s scheduling order.

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THEREFORE, the parties respectfully request that the Court refer this case for settlement to a

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magistrate judge available to hold an in-person settlement conference in San Francisco in May 2018. If

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possible, the parties jointly request reassignment for settlement to Magistrate Judge Corley, Magistrate

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Judge Cousins, or Magistrate Judge Laporte.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE AND
REASSIGN CASE FOR SETTLEMENT / CASE NO. 4:14-CV-00304-HSG

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IT IS SO STIPULATED.
Dated: April 6, 2018

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DURIE TANGRI LLP
By:

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/s/ Zachary G. F. Abrahamson
ZACHARY G. F. ABRAHAMSON
Attorney for Plaintiff
BRUCE L. FULLER

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Dated: April 6, 2018

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ATTORNEY GENERAL OF CALIFORNIA
By:

/s/ Martine N. D’Agostino
MARTINE N. D’AGOSTINO

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Attorney for Defendants
S. REXFORD and J. EVANS

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FILER’S ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), regarding signatures, I, Zachary G.F. Abrahamson, attest that the
concurrence in the filing of this document has been obtained.
Dated: April 6, 2018

/s/ Zachary G. F. Abrahamson
ZACHARY G. F. ABRAHAMSON

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d S. G
H a y wo o

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illiam J

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Dated: 4/9/2018

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Judg
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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Judge ______________ for settlement proceedings.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The instant case is REFERRED to

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UNIT
ED

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DENIE

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[PROPOSED] ORDER
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE AND
REASSIGN CASE FOR SETTLEMENT / CASE NO. 4:14-CV-00304-HSG