Opinion
Case No.: CIV.S 11-cv-02420-GEB-KJN
01-03-2012
Johnson Plaintiff, v. Tran, et al Defendants
SCOTT N. JOHNSON, Attorney for Plaintiff Hiram Michael Martin Attorney for Defendant LCH Properties, LLC Linda J.L. Sharpe Attorney for Defendant Kim-Dung Tran
SCOTT N. JOHNSON, ESQ., SBN 166952
DISABLED ACCESS PREVENTS INJURY, INC.
Attorney for Plaintiff Scott N. Johnson
STIPULATION AND PROPOSED ORDER RE: CONSENT TO EARLY
SETTLEMENT CONFERENCE AND NOTICE OF WAIVER OF
DISQUALIFICATION OF SETTLEMENT JUDGE PURSUANT TO LOCAL RULE 270(b)
IT IS HEREBY REQUESTED by Plaintiff, Scott N. Johnson, that this action, in which Defendants, Kim-Dung Tran and LCH Properties, LLC also consent to an early settlement conference before Magistrate Judge Kendall J. Newman who is the assigned Magistrate Judge in this action and hereby waives any claim of disqualification of the assigned Magistrate Judge on that basis thereafter. Cross Defendant, Scott N. Johnson's response to the Cross Claim is required to be filed within twenty (20) days of the Settlement Conference if the matter is not resolved at the Settlement Conference.
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SCOTT N. JOHNSON,
Attorney for Plaintiff
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Hiram Michael Martin
Attorney for Defendant
LCH Properties, LLC
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Linda J.L. Sharpe
Attorney for Defendant
Kim-Dung Tran
ORDER
Pursuant to the parties' stipulation and waivers of disqualification set forth above (Dkt. No. 13), the undersigned shall conduct an early settlement conference in this case. The parties shall contact the undersigned's Courtroom Deputy, Matt Caspar, at (916) 930-4187, to schedule the settlement conference.
However, the undersigned does not approve the parties' stipulation regarding the request for an extension of time for cross-defendant Scott N. Johnson to file a response to what is referred to as "the Cross Claim." Such relief is beyond the jurisdiction of the magistrate judge and must be sought from the district judge assigned to this case.
IT IS SO ORDERED.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE