Filed: Dec. 08, 2017
Latest Update: Dec. 08, 2017
Summary: STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT; PROPOSED ORDER EDWARD M. CHEN , District Judge . STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT I. BACKGROUND In June 2017, the parties to this action globally settled their pending legal disputes, including this case. A copy of the fully executed Settlement Agreement and Release (Agreement) was provided to the Court at the last case management conference (CMC), as Exhibit A to the CMC statement. Pursuant
Summary: STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT; PROPOSED ORDER EDWARD M. CHEN , District Judge . STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT I. BACKGROUND In June 2017, the parties to this action globally settled their pending legal disputes, including this case. A copy of the fully executed Settlement Agreement and Release (Agreement) was provided to the Court at the last case management conference (CMC), as Exhibit A to the CMC statement. Pursuant t..
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STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT; PROPOSED ORDER
EDWARD M. CHEN, District Judge.
STIPULATED REQUEST FOR EXPEDITED HEARING RE SETTLEMENT AGREEMENT
I. BACKGROUND
In June 2017, the parties to this action globally settled their pending legal disputes, including this case. A copy of the fully executed Settlement Agreement and Release (Agreement) was provided to the Court at the last case management conference (CMC), as Exhibit A to the CMC statement. Pursuant to the Agreement, the Court dismissed this case, and ordered the parties to post-settlement mediation to try to resolve ongoing disagreements about the enforceable terms and conditions of the Agreement.
The California Department of Corrections and Rehabilitation (CDCR) and Dr. Chris Wadsworth attended mediation on December 4, 2017.
The CDCR and Dr. Wadsworth disagreed about whether the Agreement requires Dr. Wadsworth to transfer from San Quentin State Prison (San Quentin) to Folsom State Prison (Folsom), effective January 1, 2018, and they were unable to resolve this issue at the mediation on December 4, 2017. At the mediation, the CDCR and Dr. Wadsworth stipulated to an expedited hearing and simultaneous briefing schedule, and agreed to jointly request an expedited hearing on the transfer issue prior to the effective date of the transfer.
The other defendants are not involved in the transfer dispute, and have agreed to postpone their involvement in the ongoing post-settlement mediation until after the transfer dispute is resolved. Dkt. 70-71.
II. STIPULATED HEARING REQUEST
The CDCR defendants and Dr. Wadsworth stipulate to, and request, the following expedited hearing and briefing schedule:
1. The Court will have an expedited hearing at 1:30 p.m. on December 21, 2017 to determine whether, pursuant to the settlement agreement, Dr. Wadsworth is required to transfer from San Quentin to Folsom, effective January 1, 2018.
2. The CDCR and Dr. Wadsworth will file their respective moving briefs regarding the transfer to Folsom on December 12, 2017.
3. The CDCR and Dr. Wadsworth will file their respective reply briefs regarding the transfer to Folsom on December 15, 2017.
IT IS SO ORDERED.
