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Jahir Alberto Rojas v. R. Loza

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 6, 2011

JAHIR ALBERTO ROJAS,
PLAINTIFF,
v.
R. LOZA, CORRECTIONAL OFFICER; R. SINGH,
CORRECTIONAL OFFICER; D. SANDOVAL, CORRECTIONAL OFFICER,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney

JOINT STIPULATED REQUEST FOR AN ORDER AND [PROPOSED] ORDER STAYING ALL FURTHER PROCEEDINGS ANDPENDING SETTLEMENT DIRECTIONS TO PARTIES Ctrm: 7, 19th Floor

JT STIP REQ FOR ORDER [PROP]ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT

WHEREAS, the Parties reached an agreement in principle settling their dispute on June 3,2011 and are presently drafting a settlement agreement; and final settlement; promptly, however, in view of expected logistical, procedural, and budgetary constraints of the State of California, a settling party in this action, the Parties project that it may take up to 180 8 days to complete the formal settlement in this matter. from renewing the instant case should the other Party fail to perform its obligations under either 11 the Agreement in Principle or the final settlement agreement. request that the Court enter an order staying all proceedings in this matter until the earlier of December 1 , 2011, the Parties fulfillment of their obligations under the final settlement 15 agreement, or such other date as the Court deems appropriate. Upon the Parties' successful 16 completion of the Final Settlement Agreement, the Parties shall file a joint stipulation dismissing 17 the instant action with the Court.

JT STIP REQ FOR ORDER [PROP]ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT

WHEREAS, the Parties wish to avoid the expense of continued litigation while pursuing

WHEREAS, the parties expect to finalize and close a final settlement agreement

WHEREAS, the parties agree that nothing in this stipulation shall preclude either Party

IT IS HEREBY STIPULATED by and among the Parties that Parties hereby jointly

KARL J. KRAMER MATTHEW S. CHEN EMILY H. SHEFFIELD PETER H. DAY MORRISON & FOERSTER LLP By: /s/ Peter H. Day PETER H. DAY Attorneys for Plaintiff JAHIR ALBERTO ROJAS Dated: June 6, 2011 KAMALA D. HARRIS Attorney General of California MICHAEL W. JORGENSON Supervising Deputy Attorney General D. ROBERT DUNCAN Deputy Attorney General EMILY L. BRINKMAN Deputy Attorney General

By: /s/ Emily L. Brinkman EMILY L. BRINKMAN Attorneys for Defendants LOZA, SINGH, AND SANDOVAL GENERAL ORDER 45 ATTESTATION

I, Peter H. Day, am the ECF User whose ID and password are being used to file this JOINT STIPULATED REQUEST FOR AN ORDER AND [PROPOSED] ORDER STAYING ALL FURTHER PROCEEDINGS PENDING SETTLEMENT. In compliance with General Order 45, X.B., I hereby attest that EMILY L. BRINKMAN has concurred in this filing.

Dated: June 6, 2011 By: /s/ Peter H. Day PETER H. DAY PURSUANT TO STIPULATION, IT IS SO ORDERED. Specifically, the above-titled action is hereby STAYED until further court order. All pretrial deadlines and dates, as well as the October 31, 2011 trial date, are VACATED. The parties are DIRECTED to file a Joint Status Report no later than December 2, 2011.

Dated: June 8, 2011

Honorable Maxine M. Chesney United States District Court Judge

JT STIP REQ FOR ORDER [PROP]ORDER STAYING FURTHER PROCEEDINGS PENDING SETTLEMENT

20110606

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