Campbell et al v. Schlenker et al

Filing 36

ORDER re 35 Status Report: Status Report due by 4/1/2015. Further Case Management Conference set for 4/15/2015 09:30 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrte Judge Donna M. Ryu on 2/2/15. (ig, COURT STAFF) (Filed on 2/2/2015)

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SHAWN C. GROFF (SBN 248022)
LEONARD CARDER, LLP
1188 Franklin Street, Suite 201
San Francisco, CA 94109
Tel: [phone] / Fax: [phone]
[e-mail]

Matthew D. Haley (SBN 104493)
Haley Law Offices, P.C.
1633 San Pablo Avenue
Oakland, CA 94612
Tel: [phone]
[e-mail]

Attorneys for Plaintiffs

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Attorney for Defendant
Tanner C. Schlenker

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Nadia Farah (SBN 154599)
Law Offices of Nadia Farah, P.C.
2730 Naglee Rd #200
Tracy, CA 95304
Tel: [phone]
[e-mail]

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Attorney for Defendant
T.S. (a minor child)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DON CAMPBELL, et al.,

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Plaintiffs,

Case No.: 14-02506-DMR
JOINT STATUS REPORT AND ORDER

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v.

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TANNER C. SCHLENKER, et al.,

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Defendants.

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JOINT STATUS REPORT AND ORDER (AS MODIFIED)

Case No. 14-02506-DMR

The parties to the above-entitled action jointly submit this JOINT STATUS REPORT and

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PROPOSED ORDER following the status report filed November 12, 2104.

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1.

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Request for Additional Time
The parties report that they are in substantial agreement about the primary terms of the

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settlement. On November 12, 2014, the Defendants requested additional time to properly

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establish a guardian ad litem for Defendant T.S., a minor child. To date, the guardian ad litem

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has not yet been appointed, and Defendants require additional time to set up the guardianship

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arrangement.

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The Petition to establish a guardian ad litem for Defendant T.S., a minor child, was to be

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filed in San Joaquin County were the minor resides. As of December, the parties had agreed

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upon a guardian. However, in the process of preparing the Petition, one of the proposed

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guardians was reluctant to act without additional clarification of the terms of the settlement and

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thus would not sign the Petition for Appointment of Guardian Ad Litem and counsel was thus

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unable to file the Petition.

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That proposed Guardian ad Litem has spoken now to all counsel, and he is now willing to

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proceed. The Parties anticipate the Petition will be filed within the next two weeks and granted

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shortly after that. The Guardian Ad Litem will then Petition this court for an order approving the

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settlement, and distributing the funds to a blocked account or trust to be distributed when the

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minor turns 25.

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Until the guardian is selected and the appropriate guardianship account set up, the

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settlement cannot be finalized and submitted to the Court. Defendants estimate that they will

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require until April 1, 2015 to make the guardianship arrangements and to finalize a settlement

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agreement with the Plaintiffs. Therefore, the parties jointly request that the Court allow them

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until April 1, 2015 to submit a settlement agreement or, if necessary, a status report and a request

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for a case management conference.

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JOINT STATUS REPORT AND ORDER (AS MODIFIED)

Case No. 14-02506-DMR

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In the Alternative, Request for A Case Management Conference
In the event that the parties are unable to complete the petition for guardian ad litem, the

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parties request the opportunity to file a further joint status report on April 1, 2015 and request

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case management conference on April 15, 2015.

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Respectfully Submitted,
Dated: January 30, 2015

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By:

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ATTORNEY FOR THE PLAINTIFFS

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/s/ Shawn C. Groff
Shawn C. Groff

Dated: January 30, 2015
By:

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/s/ Matthew D. Haley
Matthew D. Haley

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ATTORNEY FOR DEFENDANT TANNER C.
SCHLENKER

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Dated: January 30, 2015
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By:

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/s/ Nadia Farah
Nadia Farah

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ATTORNEY FOR DEFENDANT T.S. (A MINOR
CHILD)

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SIGNATURE UNDER LOCAL RULE 5-1(i)(3)
Pursuant to Local Rule 5-1(i)(3) of the United States District Court, Northern District of
California, I, Shawn C. Groff – the ECF User whose User ID and Password are used in the filing
of this document – hereby attest that the authorization of the filing of this document has been
obtained from the other signatories to this document.

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DATED: January 30, 2015

By:

/s/ Shawn C. Groff
SHAWN C. GROFF

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JOINT STATUS REPORT AND ORDER (AS) MODIFIED

Case No. 14-02506-DMR

ORDER (AS MODIFIED)

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In light of the above JOINT STATUS REPORT, the Court orders that the parties submit

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a settlement agreement no later than March 1, 2015. If no settlement agreement is submitted by

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March 1, 2015, the Court orders that the parties submit another joint status report on
April 1, 2015 and appear for a further case management conference on April 15, 2015.

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RT

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. Ryu
onna M

Judge D

THE HONORABLE DONNA M. RYU
C
UNITED E R N
STATES MAGISTRATE JUDGE
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R NIA

Dated: February 2, 2015

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D

ERE
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IT IS S
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AS MO

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UNIT
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IT IS SO ORDERED.

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D IS T IC T O
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JOINT STATUS REPORT AND ORDER (AS) MODIFIED

Case No. 14-02506-DMR