Filed: Jan. 02, 2014
Latest Update: Jan. 02, 2014
Summary: STIPULATION FOR ADDITIONAL STAY AND ORDER SHEILA K. OBERTO, Magistrate Judge. WHEREAS, Plaintiffs and Defendants continue to work with Mediator Jube J. Najarian of Jacobson, Hansen, Najarian and McQuillan, and remain actively involved in intensive settlement negotiations; WHEREAS, the parties recognize and acknowledge that the current relief sought in the Action is equitable in nature (injunctions and declaratory relief) and should be efficiently and cost effectively administered and addresse
Summary: STIPULATION FOR ADDITIONAL STAY AND ORDER SHEILA K. OBERTO, Magistrate Judge. WHEREAS, Plaintiffs and Defendants continue to work with Mediator Jube J. Najarian of Jacobson, Hansen, Najarian and McQuillan, and remain actively involved in intensive settlement negotiations; WHEREAS, the parties recognize and acknowledge that the current relief sought in the Action is equitable in nature (injunctions and declaratory relief) and should be efficiently and cost effectively administered and addressed..
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STIPULATION FOR ADDITIONAL STAY AND ORDER
SHEILA K. OBERTO, Magistrate Judge.
WHEREAS, Plaintiffs and Defendants continue to work with Mediator Jube J. Najarian of Jacobson, Hansen, Najarian and McQuillan, and remain actively involved in intensive settlement negotiations;
WHEREAS, the parties recognize and acknowledge that the current relief sought in the Action is equitable in nature (injunctions and declaratory relief) and should be efficiently and cost effectively administered and addressed. However, with the equitable terms, it has been time consuming and difficult to draft and negotiate prospective and prescriptive terms and covenants. In order to address these difficulties, counsel for the Defendants has worked to obtain preliminary approval from the City of Fresno of certain procedural mechanisms that could be used to address Plaintiffs' equitable claims;
WHEREAS, the City of Fresno has given its preliminary approval of these procedural mechanisms;
WHEREAS, counsel for Defendants has provided a proposed Settlement and Release Agreement to counsel for Plaintiffs,
WHEREAS, counsel for Plaintiffs has reviewed the proposed Settlement and Release Agreement and is in the process of preparing a response;
WHEREAS, although the parties have made considerable progress in a global settlement of this Action, there remain ancillary issues and disputes in two other state court proceedings that need to be addressed and resolved as part of these settlement negotiations and have slowed the progress of formalizing a settlement in this Action;
WHEREAS, counsel for Plaintiffs has recently been in communication with the Mediator, Mr. Najarian, regarding these other state court proceedings;
WHEREAS, the parties remain optimistic that this Action can be informally resolved with additional time;
WHEREAS, Plaintiffs and Defendants have further reached an agreement and desire to stay these proceedings for an additional sixty (60) days to continue to engage in settlement discussions and to continue their work on the proposed Settlement and Release Agreement with the assistance of Mediator Jube Najarian:
It is stipulated by and between Plaintiffs and Defendants, by and through their respective counsel, that:
1. Discovery and law and motion activities shall be stayed until February 28, 2014 to afford additional time for the parties to work on finalizing the proposed Settlement and Release Agreement;
2. If a settlement has not been reached by February 28, 2014, the parties will submit a new proposed scheduling order to the Court;
3. Settlement discussions are currently ongoing and can be terminated at any time upon written notice by either party, in which case litigation activities will resume; and
4. The parties may stipulate to extend the stay upon the making of a motion or upon stipulation of the parties and Court approval;
IT IS SO STIPULATED AND AGREED.
ORDER
Pursuant to the parties above stipulation and for good cause appearing, IT IS HEREBY ORDERED that:
1. The stay on discovery and all class certification shall be extended through February 28, 2014; and
2. The parties shall submit a new proposed scheduling order regarding class certification and discovery on or before February 28, 2014.
IT IS SO ORDERED.
