Opinion
CASE NO. 2:09-CV-00538-MCE-GGH
10-27-2011
TROY GABRIELSON, et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, et al., Defendants.
JONATHAN B. PAUL Attorney for Plaintiff Troy Gabrielson UNITED STATES ATTORNEY'S OFFICE Jason Ehrlinspiel, Assistant U.S. Attorney Attorney for Defendant United States Postal Service
Rivera&Associates
Jesse M. Rivera, CSN 84259
Jonathan B. Paul, CSN 215884
Shanan L. Hewitt, CSN 200168
Kelly A. Yokley, CSN 192015
Attorneys for Plaintiff
TROY GABRIELSON
STIPULATION AND ORDER TO VACATE
THE NOVEMBER 1, 2011 SETTLEMENT
CONFERENCE BEFORE MAGISTRATE
JUDGE KENDALL J. NEWMAN AS TO
PLAINTIFF TROY GABRIELSON
COMES NOW the plaintiff, TROY GABRIELSON, by and through his attorney Jonathan B. Paul, of Rivera & Associates and defendant UNITED STATES POSTAL SERVICE by and through its attorney Jason Ehrlinspiel, of the U.S. Attorney's Office and subject to the approval of this Court, hereby agree to and respectfully request the vacation of the November 1, 2011 settlement conference set before Magistrate Judge Kendall J. Newman. The undersigned have agreed to purpose vacation of this conference and contend there is good cause for this request for the following reasons:
1) At the invitation of and in response to a prior settlement offer by the United States, Plaintiff Troy Gabrielson presented a settlement demand prior to the rescheduling of the settlement conference in this matter to November 1, 2011. Plaintiff's 1.5 million dollar
settlement offer is six times the sum certain listed in his FTCA administrative claim.
2) That Plaintiff Gabrielson's demand was rejected by the Untied States. The United States asserts that plaintiff Gabrielson is administratively capped in his recovery pursuant to a Government tort claim filed in this action. The United States also contests liability and plaintiff Gabrielson's alleged damages.
3) The parties have had further discussions on the topic of presenting their respective positions to the Magistrate Judge at the settlement conference. However, the parties remain steadfast in their respective positions regarding liability, the administrative cap and plaintiff Gabrielson's alleged damages; hence the parties are diametrically opposed on the settlement value of this Mr. Gabrielson's case.
4) In light of the foregoing, the parties herein do not believe that continuing forward with the settlement conference as to plaintiff, TROY GABRIELSON would be productive for either the parties nor a sensible expenditure of judicial resources in this case.
5) Hence, the parties agree that this matter is no longer amenable to settlement conference as to plaintiff, TROY GABRIELSON's claims.
6) The parties herein are in no way indicating that the November 1, 2011 settlement conference should not continue as to Plaintiff, ALLAN BOWEN.
RIVERA & ASSOCIATES
JONATHAN B. PAUL
Attorney for Plaintiff Troy Gabrielson
UNITED STATES ATTORNEY'S OFFICE
Jason Ehrlinspiel (auth'd on October 27, 2011)
Jason Ehrlinspiel, Assistant U.S. Attorney
Attorney for Defendant United States
Postal Service
FOR GOOD CAUSE SHOWN as stated in the above set forth reasons,
IT IS SO ORDERED that the settlement conference scheduled for November 1, 2011 is vacated as to Plaintiff TROY GABRIELSON, only.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE