Filed: Aug. 08, 2019
Latest Update: Aug. 08, 2019
Summary: STIPULATION AND MOTION TO STAY ORDER SETTLEMENT CONFERENCE FED. R. CIV. PROC. 16(B)(4); L.R. 16-2(D); L.R. 7-1; L.R. 7-12 JON S. TIGAR , District Judge . Defendants C. Hernandez, W.L. Muniz, M. Hodges and J.D. Lozano, joined by Plaintiff Johndell Henderson (the "Parties") hereby stipulate and move for the following modifications of the Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below. I. CIRCUMSTANCES CONSTITUTING G
Summary: STIPULATION AND MOTION TO STAY ORDER SETTLEMENT CONFERENCE FED. R. CIV. PROC. 16(B)(4); L.R. 16-2(D); L.R. 7-1; L.R. 7-12 JON S. TIGAR , District Judge . Defendants C. Hernandez, W.L. Muniz, M. Hodges and J.D. Lozano, joined by Plaintiff Johndell Henderson (the "Parties") hereby stipulate and move for the following modifications of the Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below. I. CIRCUMSTANCES CONSTITUTING GO..
More
STIPULATION AND MOTION TO STAY ORDER SETTLEMENT CONFERENCE
FED. R. CIV. PROC. 16(B)(4); L.R. 16-2(D); L.R. 7-1; L.R. 7-12
JON S. TIGAR, District Judge.
Defendants C. Hernandez, W.L. Muniz, M. Hodges and J.D. Lozano, joined by Plaintiff Johndell Henderson (the "Parties") hereby stipulate and move for the following modifications of the Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below.
I. CIRCUMSTANCES CONSTITUTING GOOD FAITH REASONS TO MODIFY CASE MANAGEMENT ORDER
The Parties have both expressed interest in attempting to settle the claims in this action. They seek a stay to accommodate these efforts.1 The Parties' first settlement conference occurred when the plaintiff was unrepresented.
II. PROPOSED STAY; REQUESTED SETTLEMENT CONFERENCE
The Parties hereby stipulate, and respectfully request that the Court stay the case schedule. The Parties further hereby request the Court set a Settlement Conference to assist the parties with their efforts to negotiate and settle Mr. Henderson's claims.
III. IN THE ALTERNATIVE: PROPOSED CASE MODIFICATION
In the alternative, if the Court denies the Parties' request for a stay, the Parties seek an approximately 60-day continuance2 of case deadlines to allow them to negotiate and settle the case:
Currently Proposed
Event Scheduled Date Modification
Close of Fact Discovery July 31, 2019 September 30, 2019
Expert Disclosures and Opening Expert Reports Due August 16, 2019 October 15, 2019
Rebuttal Expert Disclosures & Rebuttal Reports Due September 13, 2019 November 12, 2019
Expert Discovery Cut-off October 4, 2019 December 2, 2019
Summary-Judgment Deadline October 25, 2019 January 13, 2019
Pretrial Conference Statement Due January 24, 2020 April 1, 2020
Pretrial Conference January 31, 2020 at April 17, 2020
2:00 p.m. (Friday) 2:00 p.m.
Trial February 24, 2020 May 4, 2020
at 8:00 a.m. (Monday) at 8:00
a.m.
Dated: August 7, 2019 COZEN O'CONNOR
By: /s/ Teri Mae Rutledge
Michael W. Melendez
Teri Mae Rutledge
Attorneys for Plaintiff
JOHNDELL HENDERSON
Dated: August 7, 2019 STATE OF CALIFORNIA, ATTORNEY
GENERAL'S OFFICE
By: /s/ Nasstaran Ruhparwar
Xavier Becerra
Attorney General of California
William C. Kwong
Supervising Deputy Attorney General
Jeffrey Fisher
Deputy Attorney General
Nasstaran Tara Ruhparwar
Deputy Attorney General
Attorneys for Defendants
C. HERNANDEZ; W.L. MUNIZ; M. HODGES;
and J.D. LOZANO
ECF ATTESTATION
I, Teri Mae Rutledge, am the ECF User whose ID and password are being used to file this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Nasstaran Tara Ruhparwar has concurred in this filing.
ORDER
Pursuant to stipulation and good cause appearing therein, the deadlines in this case are stayed pending a Settlement Conference and further order of this Court.
Such Settlement Conference will take place within 120 days of the date this order is filed, or as soon thereafter as Magistrate Judge Illman's calendar will permit. Magistrate Judge Illman will coordinate a time, place, and date for one or more settlement conferences with all interested parties or their representatives and, within fifteen days of the conclusion of all settlement proceedings, will file with the Court a report thereon.
The Clerk will send Magistrate Judge Illman a copy of this order.
IT IS SO ORDERED.
