Diaz v. Kessler et al

Filing 83

ORDER GRANTING 82 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Edward J. Davila on 12/14/2017. (ejdlc2S, COURT STAFF) (Filed on 12/14/2017)

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GIBSON, DUNN & CRUTCHER LLP
MICHAEL SITZMAN (SBN 156667)
[e-mail]
KEVIN YEH (SBN 314079)
[e-mail]
DANIEL J. KUO (SBN 302727)
[e-mail]
JESSICA L. WRIGHT (SBN 301838)
[e-mail]
555 Mission Street
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: 415.393.8306

XAVIER BECERRA
Attorney General of California
PATRICK R. MCKINNEY
Supervising Deputy Attorney General
WILLIAM P. BURANICH (SBN 144650)
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Plaintiff
ENRIQUE DIAZ

Attorneys for Defendants
A. TANKERSLEY, S. NUNEZ, R.A. KESSLER, and
P. SULLIVAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ENRIQUE DIAZ,
Plaintiff,

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NO. 5:14-cv-02145-EJD

v.
R.A. KESSLER, et al.,
Defendants.

STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Current Deadline: December 21, 2017
Requested Deadline: January 11, 2018
HON. EDWARD J. DAVILA

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Gibson, Dunn &
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE – NO. 5:14-CV-02145-EJD

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Plaintiff Enrique Diaz (“Diaz”) and Defendants A. Tankersley, S. Nunez, R.A. Kessler, and P.

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Sullivan (“Defendants”) jointly submit this stipulation and proposed order continuing the Case

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Management Conference, currently scheduled for December 21, 2017 at 10:00 a.m., to

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January 11, 2018 at 10:00 a.m. or a date thereafter that is convenient for the Court.

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WHEREAS, a Case Management Conference is currently scheduled for December 21, 2017;

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WHEREAS, Plaintiff and Defendants notified this court on December 6, 2017 that they were

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attempting to negotiate a settlement (Dkt. 80);
WHEREAS, the Court granted a stipulation extending the Case Management Conference
deadlines on December 6, 2017 (Dkt. 81);
WHEREAS, Plaintiff and Defendants have reached an agreement in principle to settle the
above-captioned matter; and
WHEREAS, Plaintiff and Defendants have exchanged a draft settlement agreement and are
working to finalize their settlement in principle; and
WHEREAS, Plaintiff and Defendants have agreed to extend the deadline for the Case

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Management Conference, in the interests of efficiency and to facilitate documentation of the

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settlement.

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NOW, THEREFORE, Plaintiff and Defendants, by and through their respective counsel,
hereby stipulate to, and request that the Court approve, the following:

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1. The Case Management Conference shall be continued from December 21, 2017 at

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10:00 a.m. to January 11, 2018 at 10:00 a.m., or a date thereafter that is convenient for the Court. A

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Joint Case Management Conference Statement shall be filed no later than January 4, 2018.

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Respectfully Submitted,
Dated: December 13, 2017

GIBSON DUNN & CRUTCHER LLP

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Gibson, Dunn &
Crutcher LLP

By: /s/ JESSICA L. WRIGHT
JESSICA L. WRIGHT
Attorneys for Plaintiff Enrique Diaz
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE– NO. 5:14-CV-02145-EJD

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Dated: December 13, 2017

WILLIAM P. BURANICH
Deputy Attorney General

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By: /s/ WILLIAM P. BURANICH
WILLIAM P. BURANICH
Attorneys for Defendants A. Tankersley, S. Nunez, R.A.
Kessler, and P. Sullivan

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE– NO. 5:14-CV-02145-EJD

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ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Jessica L. Wright, hereby attest that concurrence in the
filing of this document has been obtained from William P. Buranich.

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DATED: December 13, 2017

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By: /s/ JESSICA L. WRIGHT
JESSICA L. WRIGHT

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE– NO. 5:14-CV-02145-EJD

[PROPOSED] ORDER

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Based on the foregoing stipulation and good cause being shown, the Court hereby GRANTS
the parties’ Stipulation. The Court hereby orders as follows:
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The Case Management Conference is continued from December 21, 2017 at 10:00 a.m.
to January 11, 2018 at 10:00 a.m. A Joint Case Management Conference Statement

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shall be filed no later than January 4, 2018.

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PURSUANT TO STIPULATION, IT IS SO ORDERED this _______________ day of
December

____________________, 2017.

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Honorable Edward J. Davila
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE– NO. 5:14-CV-02145-EJD