The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
LOUIS A. LEONE, ESQ. (SBN: 099874) CLAUDIA LEED, ESQ. (SBN: 122676) STUBBS & LEONE A Professional Corporation 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 E-Mail: email@example.com E-Mail: firstname.lastname@example.org Attorneys for Defendants The CITY OF LODI and the LODI UNIFIED SCHOOL DISTRICT, CATHY NICHOLS-WASHER, ART HAND and ERIK SANDSTROM RUSSELL S. HUMPHREY, ESQ. (SBN: 208744) 404 W. Pine Street, Suite 14 Lodi, CA 95240 Telephone: (209) 369-2751 Facsimile: (209) 369-3687 E-Mail: email@example.com E-Mail: firstname.lastname@example.org Attorney for Plaintiff JEREMY HIXSON
STIPULATION AND ORDER REFERRING MATTER TO A MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE
The parties to the above captioned matter hereby stipulate by and through their undersigned counsel of record to request that this court issue an order referring this matter to a Magistrate Judge for Settlement Conference.
WHEREAS, on February 21, 2011 the parties filed a Joint Status Report. The parties requested that the court order the matter be referred to a Magistrate Judge for the purposes of conducting a settlement conference.
WHEREAS, on March 1, 2011 the court ordered this matter to the Voluntary Dispute Resolution Program but not to a Magistrate Judge for settlement conference.
WHEREAS, good cause exists to grant the parties' request that this matter be referred to a Magistrate Judge for the purposes of a Settlement Conference. Counsel for the parties have met and conferred regarding this issue on a number of occasions.
Counsel strongly believe that it is much more likely that this case will resolve through a judicially supervised settlement conference then through the process of mediation before a private attorney. In addition, the parties also believe that the Magistrate Judge's authority as a judicial officer will be more demonstratively more persuasive with the plaintiff and the public entity defendants.
Therefore, counsel for the parties respectfully request that the Court reconsider its original order and refer this matter to a Magistrate Judge for settlement conference. The parties respectfully request that this matter be referred to Magistrate Judge
IT IS SO ORDERED. The parties are directed to contact Magistrate Judge Drozd for available settlement conference dates. The reference to VDRP is withdrawn.
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