Metcalfe v. State of California Department of Corrections & Rehabilitation, et al

Filing 38

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on May 28, 2013. (lhklc1, COURT STAFF) (Filed on 5/28/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 RONALD METCALFE, ) ) Plaintiff, ) ) v. ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS & REHABILITATION; ) SALINAS VALLEY STATE PRISON (“SVSP”)) WARDEN A. HEDGPETH; FORMER SVSP ) WARDEN M. EVANS; FORMER SVSP CHIEF ) DEPUTY WARDEN G. NEOTTI; FORMER ) SVSP CHIEF DEPUTY WARDEN G. LEWIS; ) CORRECTIONAL TRAINING FACILITY ) (“CTF”) WARDEN R. GROUNDS; FORMER ) CTF WARDEN(A) C. NOLL; and DOES 1 ) THROUGH 50 INCLUSIVE, ) ) Defendants. ) ) Case No.: 5:12-CV-1445-LHK THIRD ORDER REGARDING FILING OF STIPULATION OF DISMISSAL; ORDER CONTINUING CASE MANAGEMENT CONFERENCE 21 On February 19, 2013, Plaintiff Ronald Metcalfe filed a status report in which Plaintiff 22 stated “that at the mediation conducted in this case on Friday, February 15, 2013, a conditional 23 settlement of the entire action was reached, subject to internal approvals within CDCR, necessary 24 governmental approvals, and execution of a formal settlement agreement and release in proper 25 form.” ECF No. 32. Plaintiff requested that the Case Management Conference scheduled for 26 February 20, 2013 be continued for thirty days. See id. Plaintiff’s request was granted and the 27 Case Management Conference was continued to March 20, 2013. ECF No. 33. The parties were 28 1 Case No.: 12-CV-1445 THIRD ORDER REGARDING FILING OF STIPULATION OF DISMISSAL; ORDER CONTINUING CASE MANAGEMENT CONFERENCE 1 ordered to file their Stipulation of Dismissal by March 20, 2013. Id. On March 25, 2013, the 2 parties again requested that the Case Management Conference be continued. ECF No. 34. The 3 Court granted this request and the Case Management Conference was continued until May 29, 4 2013. ECF No. 36. 5 On May 22, 2013, the parties filed a Status Report stating that the parties were still waiting 6 for CDCR to complete its internal approval process. The parties’ request another continuance of 7 the Case Management Conference. Accordingly, the Court hereby CONTINUES the case 8 management conference to June 26, 2013 at 2:00 p.m. The parties shall submit their stipulation of 9 dismissal by June 19, 2013. United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 Dated: May 28, 2013 12 _________________________________ LUCY H. KOH United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-1445 THIRD ORDER REGARDING FILING OF STIPULATION OF DISMISSAL; ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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