Kinney v. City of Santa Clara

Filing 24

ORDER re 23 VACATING CASE MANAGEMENT CONFERENCE SET FOR SEPTEMBER 3, 2010. Further Case Management Conference set for 11/24/2010 at 2:00 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 8/31/2010. (lhklc3, COURT STAFF) (Filed on 8/31/2010)

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Kinney v. City of Santa Clara Doc. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street Suite 520 Sacramento, CA 95814-2341 (916) 443-6600 MATTHEW J. GAUGER, Bar No. 139785 GARY P. PROVENCHER, Bar No. 250923 WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street, Suite 520 Sacramento, California 95814-2341 Telephone: (916) 443-6600 Facsimile: (916) 442-0244 Attorneys for Plaintiff MICHAEL C. SERVERIAN, SBN 133203 RANKIN, LANDSNESS, LAHDE, SERVERIAN & STOCK 96 No. Third Street, Suite 500 San Jose, California 95112 Telephone: (408) 293-0463 Facsimile: (408) 293-9514 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHAUN KINNEY, Plaintiff, v. CITY OF SANTA CLARA, a California Municipal Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 5:10-cv-00162 LHK JOINT NOTICE OF TENTATIVE SETTLEMENT AGREEMENT [L.R. 16-8, ADR L.R. 6-13] and ORDER CONTINUING CASE MANAGEMENT CONFERENCE The parties reached a tentative settlement agreement at their previously scheduled August 26, 2010 meeting with Mediator Richard D. Warren. A true and correct copy of the Settlement Agreement is attached and filed herewith. The Settlement Agreement provides a maximum of seventy (70) days from August 26, 2010 for the Defendant's governing body to approve the settlement, remit payment and for Plaintiff to file a Notice of Dismissal under Rule 41. The parties therefore request the Court to vacate the Case Management Conference currently set for September 3, 2010, all discovery cutoff dates and other deadlines associated with the case. The parties further request that the Court order the parties to submit a Status Report on November 9, 2010 in the event 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street Suite 520 Sacramento, CA 95814-2341 (916) 443-6600 that the parties have not filed a stipulation for dismissal by that time. Dated: August 30, 2010 Respectfully Submitted, WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Matthew J. Gauger MATTHEW J. GAUGER GARY P. PROVENCHER Attorneys for Plaintiff Dated: August 30, 2010 RANKIN, LANDSNESS, LAHDE, SERVERIAN & STOCK By: /s/ Michael C. Serverian MICHAEL C. SERVERIAN Attorneys for Defendant ORDER Pursuant to the parties' notice of tentative settlement -- the settlement agreement was not attached -- the Case Management Conference currently set for September 3, 2010 is vacated. All discovery cutoff dates and other deadline are also vacated. A further Case Management Conference is set for Wednesday, November 24, 2010 at 2 p.m. The parties shall file a stipulation of dismissal and request to vacate the November 24, 2010 Case Management Conference by November 17, 2010. IT IS SO ORDERED. Dated: August 31, 2010 ___________________________ LUCY H. KOH United States District Judge 28 -2-

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