Ngo v. Woodford et al

Filing 45

CASE MANAGEMENT ORDER (approving 44 ). The Case Management Conference set for 7/24/2009 is CONTINUED to 8/28/2009 at 10:30 AM. Signed by Judge Jeremy Fogel on 7/16/2009. (jflc2, COURT STAFF) (Filed on 7/16/2009)

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1 PETER H. KANG (No. 158101) KEVIN P. BURKE (No. 241972) 2 CONNIE TSAI (No. 250264) SIDLEY AUSTIN LLP 3 555 California Street, Suite 2000 San Francisco, California 94104 4 Telephone: (415) 772-1200 Facsimile: (415) 772-7400 5 Email: pkang@sidley.com kburke@sidley.com ctsai@sidley.com 6 7 Attorneys for Plaintiff Viet Mike Ngo 8 EDMUND G. BROWN JR. Attorney General of the State of California 9 DAVID S. CHANEY Chief Assistant Attorney General 10 ROCHELLE C. EAST Senior Assistant Attorney General 11 MICHAEL W. JORGENSON Supervising Deputy Attorney General 12 JAY C. RUSSELL, State Bar No. 122626 Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 13 San Francisco, CA 94102-7004 Telephone: (415) 703-5717 14 Fax: (415) 703-5843 Email: Jay.Russell@doj.ca.gov 15 16 Attorneys for Defendants Woodford, Nienhuis, Bracy, McGarvey, and Knudsen 17 18 19 20 21 22 23 24 25 26 27 28 Joint Case Mgmt. Conf. Statement **E-Filed 7/16/2009** TIMOTHY P. MURPHY (No. 120920) EDRINGTON, SCHIRMER & MURPHY LLP The Terraces 2300 Contra Costa Blvd., Suite 450 Pleasant Hill, CA 94523 Telephone: (925) 827-3300 Facsimile: (925) 827-3320 Email: TMurphy@esmlawfirm.com Attorneys for Defendant Wooten IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIET NGO, Plaintiff, v. J. S. WOODFORD, et al., Defendants. Case No. C 03-2210 JF JOINT CASE MANAGEMENT CONFERENCE STATEMENT ----------------AND [PROPOSED] CASE MANAGEMENT ORDER Hearing: Time: Courtroom: Judge: July 19, 2009 10:30 a.m. 3, 5th Floor The Honorable Jeremy Fogel Ngo v. Woodford, et al. C 03-2210 JF 1 1 2 The parties jointly submit this Case Management Statement and Proposed Order: Following a settlement conference held before Magistrate Judge Elizabeth Laporte on 3 September 17, 2008, the parties reached an agreement to fully settle this litigation. Since that 4 date, the parties have negotiated on terms for a formal Settlement and Release Agreement. 5 Continuing discussions between the parties have resulted in a proposed final draft of the 6 agreement. Although the parties had anticipated this agreement would be executed by this date, 7 Defendants are continuing to determine who will be the appropriate persons to sign the 8 agreement. This, together with the recent Fourth of July holiday, has led to an unexpected delay. 9 In addition, Plaintiff's incarceration requires additional time for his review and signature. 10 To that end, the parties request that the Court continue the Case Management Conference 11 for an additional thirty days to allow for execution of and compliance with the proposed 12 Settlement and Release Agreement. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Case Mgmt. Conf. Statement Dated: July 14, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General ROCHELLE C. EAST Senior Assistant Attorney General MICHAEL W. JORGENSON Supervising Deputy Attorney General /s/ Jay C. Russell JAY C. RUSSELL Supervising Deputy Attorney General Attorneys for Defendants Woodford, Nienhuis, Bracy, McGarvey, and Knudsen SIDLEY AUSTIN LLP /s/ Connie Tsai CONNIE TSAI, ATTORNEY AT LAW KEVIN P. BURKE, ESQ. Attorneys for Plaintiff Viet Mike Ngo Ngo v. Woodford, et al. C 03-2210 JF 2 1 2 3 4 5 6 7 8 9 CASE MANAGEMENT ORDER Based upon the parties' Joint Case Management Conference Statement, and good cause EDRINGTON, SCHIRMER & MURPHY LLP /s/ Timothy P. Murphy TIMOTHY P. MURPHY, ESQ. Attorneys for Defendant Wooten 10 appearing, 11 IT IS ORDERED THAT the Case Management Conference is continued to August 28, 2009 12 at 10:30 a.m. 16 13 Dated: July _____, 2009. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Case Mgmt. Conf. Statement Ngo v. Woodford, et al. C 03-2210 JF 20210123.wpd ____________________________________ HON. JEREMY FOGEL U.S. District Court Judge SF2003400073 3

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