Opinion
Case No. 2:08-cv-02794-FCD-EFB
10-18-2011
GEORGE ATONDO, Plaintiff, v. COUNTY OF SOLANO, ANDREW SWANSON in his individual capacity, and DOES 1 through 15, inclusive, Defendants.
MATHENY SEARS LINKERT & JAIME LLP RAYMOND BANGLE III, Attorneys for Defendants, COUNTY OF SOLANO and ANDREW SWANSON VINCENT M. SPOHN, A PROFESSIONAL CORPORATION VINCENT SPOHN, Attorneys for Plaintiff, GEORGE ATONDO
Law Offices of
MATHENY SEARS LINKERT & JAIME LLP
RAYMOND BANGLE III (SBN 105057)
Attorneys for Defendants, COUNTY OF SOLANO
and ANDREW SWANSON
STIPULATION TO CONTINUE TRIAL
AND PRE-TRIAL CONFERENCE; ORDER
The parties to this matter, plaintiff GEORGE ATONDO and defendants COUNTY OF SOLANO and ANDREW SWANSON, hereby stipulate and agree to continue the pre-trial conference and trial in this matter due to a pending settlement. On Saturday, October 15, 2011, the parties attended their third mediation in this matter. A tentative settlement agreement was reached and a Memorandum of Understanding setting forth the terms of the agreement was signed. One condition of the settlement agreement to be performed by the County of Solano requires approval by the Solano County Board of Supervisors. Defendants expect to have Board approval by November 1, 2011. As soon as Board approval is obtained, the parties will file a notice of settlement with the Court.
The final pre-trial Conference is currently set for October 19, 2011. The trial is set for November 29, 2011. Defendants currently have three motions pending before the Court, including a motion for summary judgment. Additionally, the parties have not filed motions in limine, jury instructions, or other necessary trial documents and expect to receive deadlines for filing these documents at the pre-trial conference. Therefore, the parties respectfully request that a continuance be granted so that the parties do not incur additional costs in relation to trial preparation. Additionally, the parties do not wish to further burden the Court with the pending motions and motions in limine the parties intend to file when the parties expect the matter to be dismissed by mid-November.
IT IS THEREFORE HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that the pre-trial conference be continued to Wednesday, December 7, 2011 or January 11, 2012 and the trial date be re-assigned at that time.
MATHENY SEARS LINKERT & JAIME LLP
RAYMOND BANGLE III, Attorneys for
Defendants, COUNTY OF SOLANO and
ANDREW SWANSON
VINCENT M. SPOHN, A PROFESSIONAL
CORPORATION
VINCENT SPOHN, Attorneys for Plaintiff,
GEORGE ATONDO
ORDER
The Final Pretrial Conference is hereby continued until November 9, 2011; the trial date of November 29 is vacated. The court will refrain from issuing its order on Defendants' motion for summary judgment until the November 9 date.
IT IS SO ORDERED.
______________________
UNITED STATES DISTRICT JUDGE