Peterson v. State of California, Department of Corrections and Rehabilitation et al
Filing
91
STIPULATION and ORDER Continuing Pre-Trial Conference and Trial: JURY TRIAL is continued from 4/26/2010 to June 28, 2010 at 08:30 AM and PRETRIAL CONFERENCE is continued from 3/8/2010 to May 10, 2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. signed by Magistrate Judge Sandra M. Snyder on 3/1/2010. (Herman, H)
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JAMES C. HOLLAND, 134233 Attorney at Law 134 North Conyer Street Visalia, CA 93291 (559) 741-1112 FAX: (559) 741-1113 Attorney for Plaintiff Spencer Peterson III
5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS Plaintiff SPENCER PETERSON III ("Plaintiff") and Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ("Defendants") (collectively the "Parties"), continue to cooperate toward achieving negotiated resolution agreement in the above referenced case; WHEREAS earlier attempts to settle the case for monetary value failed due in large part to the fiscal challenges facing Defendant and the State of California; WHEREAS the Parties recognize and acknowledge that settlement is mutually beneficial and that trial is likely to be unnecessary as a result of continued settlement efforts, including plaintiff's most recent offer of settlement; WHEREAS multiple recent and ongoing changes in Defendant's personnel, with whom rests decision-making authority with regard to this litigation, as well as plaintiff's continued promotional advancement in his employment at CDCR and limitations imposed by State Personnel Board Rules and 1 vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; SPENCER PETERSON III Plaintiff, ) ) ) ) ) ) ) ) ) ) No: 1:06-CV-00349-LJO-SMS STIPULATION AND ORDER CONTINUING PRE-TRIAL CONFERENCE AND TRIAL Proposed New Dates: Pretrial Conference: May 10, 2010 Trial: June 14, 2010 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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state civil service regulations continue to impact the Parties in reaching final, legally-compliant nonmonetary settlement; therefore additional time is needed to secure clearances and approvals; WHEREAS the Parties agree to amend the current pretrial conference and trial dates as set forth below: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, by and through their respective counsel of record, and they each request the Court to enter an order amending the current pretrial conference and trial dates in the case as follows: The pretrial conference shall be continued from March 8, 2010 to May 10, 2010 at 8:30 a.m. or a date and time proximate thereto that is agreeable to the Court; and The trial date shall be continued from April 26, 2010 to June 14, 2010 at 8:30 a.m. or a date and time proximate thereto that is agreeable to the Court. Dated: March 1, 2010 /s/ Michelle Littlewood MICHELLE LITTLEWOOD, Attorney for Defendants /s/ James C. Holland JAMES C. HOLLAND, Attorney for Plaintiff
Dated: March 1, 2010
IT IS SO ORDERED.
1) Pretrial Conference is continued from March 8, 2010 to May 10, 2010 at 8:30 a.m. before Judge O'Neill in Courtroom #4.
2) Jury Trial is continued from April 26, 2010 to June 28, 2010 at 8:30 a.m. before Judge O'Neill in Courtroom #4.
Dated: March 1, 2010
/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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