Vaupen v. Branston

Filing 51

STIPULATION AND ORDER re 50 . STIPULATION with PROPOSED ORDER to Continue Settlement Conference Hearing filed by Kimberly Vaupen, Phil Branston. Settlement Conference statements to be lodged by 9/4/2018. Settlement Conference set for 9/12/2018 11:00 AM. Signed by Judge Magistrate Kandis A. Westmore on 5/23/18. (sisS, COURT STAFF) (Filed on 5/23/2018)

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STEPHANIE FORMAN, ESQ.: STATE BAR NO.: 195757
[e-mail]
SHAWN K. ELLIOTT, ESQ.: STATE BAR NO.: 170454
[e-mail]
THARPE & HOWELL, LLP
15250 Ventura Boulevard,
Ninth Floor
Sherman Oaks, California 91403
Telephone: [phone]
Fax:
[phone]
Attorneys for Defendant PHIL BRANSTON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION

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KIMBERLY VAUPEN,
Plaintiff,

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16 v.
17 PHIL BRANSTON, an individual, and
DOES 1-10 and DOES 1 through 20,
18 inclusive,

Defendants.

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Case No. 17-cv-05463-DMR
STIPULATION TO CONTINUE
SETTLEMENT CONFERENCE
HEARING; [PROPOSED] ORDER
Hearing Date:
Time:
Judge:

June 1, 2018
11:00 a.m.
Kandis A. Westmore

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COME NOW THE PARTIES HEREIN, BY AND THROUGH THEIR
RESPECTIVE ATTORNEYS OF RECORD, AND HEREBY STIPULATE AS
FOLLOWS:
WHEREAS issues regarding the pleadings in the above-entitled matter are not
yet settled, as the Court has only just issued a ruling granting the defendant’s Motion
to Dismiss Portions of Plaintiff’s First Amended Complaint, and granting plaintiff
through May 24, 2018 to file a Second Amended Complaint;
-1STIPULATED ORDER TO CONTINUE THE SETTLEMENT CONFERENCE
17-cv-05463-DMR

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WHEREAS defendant served written discovery upon the plaintiff immediately

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after receiving the Court’s Order granting defendant’s Motion to Dismiss Portions of

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Plaintiff’s First Amended Complaint, and plaintiff’s responses to those discovery

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requests are not due until after the June 1, 2018 Settlement Conference is scheduled to

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occur;
WHEREAS the plaintiff and her counsel are not available for the deposition of

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the plaintiff until after the June 1, 2018 Settlement Conference is scheduled to occur;

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WHEREAS Magistrate Judge Kandis A. Westmore’s Settlement Conference

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Standing Order provides that “counsel shall ensure that whatever discovery is needed

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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for all sides to evaluate the case for settlement purposes is completed by the date of

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the settlement conference”; and

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WHEREAS the parties wish to comply with the Settlement Conference

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Standing Order but find that they are unable to complete necessary discovery until

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after the June 1, 2018 date currently scheduled for the Settlement Conference in the

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above-entitled matter;

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IT IS HEREBY STIPULATED AND AGREED THAT the June 1, 2018

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Settlement Conference be continued approximately 90 days, to the week of September

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10, 2018, or to such other date as is convenient to the Magistrate, and that all dates

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related to the Settlement Conference be continued to correspond to the new Settlement

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Conference date.

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-2STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE HEARING
17-cv-05463-DMR

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BASED UPON THE STIPUATION OF THE PARTIES, AND GOOD CAUSE

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APPEARING THAT THE JUNE 1, 2018 SETTLEMENT CONFERENCE BE

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CONTINUED,

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IT IS ORDERED that the June 1 Settlement Conference shall be continued to

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September 12, 2018 at 11:00 a.m.,
___________________________________________________________________,

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and that all dates relating to the Settlement Conference, including but not limited to

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meet and confer requirements and settlement conference statements, be extended

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with the new date.

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Dated:

5/23/18

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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HON. KANDIS A. WESTMORE
UNITED STATES
MAGISTRATE JUDGE

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I:\29000-000\29204\Pleadings\FEDERAL\Stip. to Cont. Settlement Conference.docx

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-4STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE HEARING
17-cv-05463-DMR