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Walsh v. Tehachapi Unified School District

United States District Court, E.D. California

February 19, 2014

WENDY WALSH, individually and as Successor-in-Interest to S.W., Deceased, Plaintiff,
v.
TEHACHAPI UNIFIED SCHOOL DISTRICT; SUPERINTENDENT SWANSON; SUSAN ORTEGA; MR. KAMINSKY; MS. KIRBY; MS. HAIGHT; MRS. KABONIC; MR. FEEHAN; and DOES 1 through 100, Inclusive, Defendants.

Michael Kellar, ROBINSON & KELLAR Bakersfield, CA Attorneys for Defendants Tehachapi Unified School District, Dr. Richard Swanson, Susan Ortega, and Paul Kaminski

Daniel P. Barer, POLLAK, VIDA & FISHER Los Angeles, CA Attorneys for Defendant Tehachapi Unified School District

RODRIGUEZ & ASSOCIATES John A. Kawai Attorneys for Plaintiff Wendy Walsh and Prospective Plaintiff S.H. W.

ORDER GRANTING STIPULATION TO VACATE THE SETTLEMENT CONFERENCE IN LIGHT OF THE PARTIES' AGREEMENT TO ENGAGE IN PRIVATE MEDIATION (Doc. 71)

JENNIFER L. THURSTON, Magistrate Judge.

The parties to this action (plaintiff Wendy Walsh; defendants Tehachapi Unified School District; Susan Ortega; and Paul Kaminski), as well as prospective plaintiff Sh. W., (collectively, "the parties"), through their undersigned counsel, stipulate as follows:

WHEREAS:

1. This matter is scheduled for a settlement conference before the Honorable Jennifer L. Thurston on February 24, 2014 at 10:00 a.m. in Bakersfield, California.

2. The parties have agreed to hold a private mediation in this matter, with the Honorable H. Lee Sarokin (ret.), formerly of the Third Circuit Court of Appeals, and presently with ADR Services, Inc., serving as mediator.

3. The mediation before Judge Sarokin is scheduled for February 24, 2014 at 10:00 a.m. in San Diego, California.

4. The parties believe that a private mediation at this time is the most effective way to attempt to resolve this matter.

IT IS THEREFORE STIPULATED THAT:

5. The parties respectfully request the Court to take the Settlement Conference set for February 24, 2014 off-calendar, so that they may proceed to private mediation on the date and time set for the mediation.

6. Alternatively, if the Court does not wish to take the settlement conference off-calendar permanently, the parties respectfully ask the Court to continue the settlement conference to a date after February 24, 2014.

ORDER

Based on the above stipulation, the Court ORDERS:

1. The settlement conference, set on February 24, 2014, is VACATED;

2. No later than noon on February 28, 2014Plaintiff SHALL file a status report detailing the results of the private mediation, to be held on February 24, 2014, so the Court will have sufficient time to determine whether the pretrial conference, set on March 3, 2014, will go forward.

IT IS SO ORDERED.


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