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Love v. Salinas

United States District Court, Ninth Circuit

August 13, 2013

TIMOTHY R. LOVE, Plaintiff,
v.
SOCORRO SALINAS, et al., Defendants.

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

The Court is in receipt of the parties' Stipulation to Vacate Scheduling Deadlines and Trial Date ("Stipulation"), filed on July 29, 2013. (ECF No. 64.) The parties, proceeding through their attorneys, seek to vacate the remaining scheduling deadlines, including trial, while the Court rules on Defendants' motion for summary judgment[1] and to give the parties an opportunity to engage in settlement discussions before incurring the expense of disclosing expert witnesses.

A scheduling order entered before the final pretrial conference may be modified upon a showing of "good cause." Fed.R.Civ.P. 16(b); Johnson v. Mammoth Recreations , 975 F.2d 604, 608 (9th Cir. 1992). After reviewing the Stipulation, the Court finds that good cause exists to grant the parties' request because vacating the remaining scheduling deadlines will conserve resources, reduce litigation costs, and potentially lead to a resolution of this case without trial. Accordingly, IT IS ORDERED as follows:

1. All pretrial scheduling orders issued in this case (ECF Nos. 43, 44, 48) and the deadlines established by these orders are VACATED.

2. Within ninety (90) days after this Order is electronically filed, the parties shall participate in some form of alternative dispute resolution program or settlement conference with the magistrate judge assigned to this case or other available magistrate judge.

3. This case is set for a Settlement Conference before Magistrate Judge Kendall J. Newman on October 7, 2013, at 9:00 a.m., at the U.S. District Court, 501 I Street, Sacramento, California 95814, in Courtroom 25. The parties and their attorneys are instructed to have a principal with full settlement authority[2] present at the Settlement Conference or to be fully authorized to settle the matter on any terms. The failure of any counsel, party or authorized person subject to this Order to appear in person may result in the imposition of sanctions.

4. The parties are directed to exchange non-confidential settlement statements seven days prior to the Settlement Conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e).

5. If the parties are unable to resolve the case, they shall submit, no later than ninety (90) days from the date this Order is electronically filed, a joint status report with proposed dates for expert disclosures and related discovery, the pretrial conference and trial. The Court will issue a further scheduling order after receipt of the parties' joint status report.

IT IS SO ORDERED.


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