Campbell et al v. Schlenker et al

Filing 40

ORDER (AS MODIFIED) re 38 Further Joint Status Report: the Further Case Management Conference previously set for 4/15/2015 01:30 p.m. has been VACATED. By 5/15/2015, the parties shall submit a settlement agreement, or if necessary, a joint status report and request for Further Case Management Conference. Signed by Magistrate Judge Donna M. Ryu on 4/1/15. (ig, COURT STAFF) (Filed on 4/1/2015)

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

Shawn C. Gross (SBN 248022)
Mollie Simons (SBN 285363)
LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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Attorney for Defendant
Tanner C. Schlenker
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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Case No.: 14-02506-DMR

DON CAMPBELL, et al.,
Plaintiffs,

FURTHER JOINT STATUS REPORT
AND PROPOSED ORDER (AS MODIFIED)

v.
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TANNER C. SCHLENKER, et al.,
Defendants.

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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. On January 30, 2015 additional

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time was requested in order for a guardian to be selected. Defendants require additional time to

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finalize the guardianship arrangement.
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FURTHER JOINT STATUS REPORT AND PROPOSED ORDER (AS MODIFIED)

Case No. 14-02506-DMR

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The selection of two guardians ad litem for Defendant T.S., a minor child, has been

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completed and two co-guardians will be appointed. Nomination of the co-guardians was filed in

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San Joaquin County, where the minor resides, and the case number is 39-2013-00299617-PR-

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GP-STK. A hearing is set for April 7, 2015.

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Once the co-guardians are appointed, they will then Petition this court for an order

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

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when the minor turns 25. The Parties are reviewing the settlement agreement and anticipate that

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it will be complete by May 15, 2015.

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Until the guardianship is resolved 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 May 15, 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 May 15, 2015 to submit a settlement agreement or, if necessary, a status report and a

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request for a case management conference.

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2.

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In the Alternative, Request for A Case Management Conference
In the event that the parties are unable to complete the settlement agreement, the parties

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request the opportunity to file a further joint status report on June 15, 2015 and request a case

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management conference on July 6, 2015.

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Respectfully Submitted,

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LEONARD CARDER, LLP
Dated: April 1, 2015

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By:
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/s/ Mollie Simons
Shawn C. Groff
Mollie Simons

ATTORNEY FOR THE PLAINTIFFS

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JOINT STATUS REPORT AND PROPOSED ORDER (AS MODIFIED)

Case No. 14-02506-DMR

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Dated: April 1, 2015

HALEY LAW OFFICES, P.C.

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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: April 1, 2015

LAW OFFICES OF NADIA FARAH, P.C.

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By:
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/s/ Nadia Farah
Nadia Farah

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

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SIGNATURE UNDER LOCAL RULE 5-1(i)(3)

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Pursuant to Local Rule 5-1(i)(3) of the United States District Court, Northern District of

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California, I, Mollie Simons – the ECF User whose User ID and Password are used in the filing

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of this document – hereby attest that the authorization of the filing of this document has been

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obtained from the other signatories to this document.

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DATED: April 1, 2015

By: /s/ Mollie Simons
Mollie Simons

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JOINT STATUS REPORT AND PROPOSED ORDER (AS MODIFIED)

Case No. 14-02506-DMR

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ORDER (AS MODIFIED)
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In light of the above JOINT STATUS REPORT, the Court orders that the parties submit
a settlement agreement no later than June 1, 2015. If no settlement agreement is submitted by
June 1, 2015, the Court orders that the parties submit another joint status report on June 15, 2015

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and appear for a case management conference on July 6, 2015. Further Case Management

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Conference previously set for April 15, 2015 at 1:30 p.m. has been VACATED. By May 15, 2015,

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the parties shall submit a settlement agreement, or if necessary, a joint status report and request
for Further Case Management Conference.
IT IS SO ORDERED.

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Dated: April 1, 2015

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UNITED STATES MAGISTRATE JUDGE

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ISTRIC
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THE HONORABLE DONNA M. RYU

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JOINT STATUS REPORT AND PROPOSED ORDER AS MODIFIED

Case No. 14-02506-DMR