Willis v. Mullins, et al

Filing 431

STIPULATION and ORDER TO CONTINUE TRIAL DATE TO MAY 22 OR MAY 29, 2018, AND ALL DATES SET FORTH IN THE PRETRIAL ORDER RELATED TO THE TRIAL DATE, FROM JANUARY 23, 2018, THE CURRENT TRIAL DATE. Motions in Limine Hearing set for 5/14/2018 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 5/22/2018 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 12/15/2017. (Kusamura, W)

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1 2 3 4 5 MARION R. YAGMAN (SBN 83007) mrygmn@msn.com YAGMAN & REICHMANN 475 Washington Boulevard Venice Beach, California 90292 (310) 452-3200 Attorneys for Plaintiff, GARY WILLIS 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 GARY WILLIS, No. CV. 1:04-06542-AWI-BAM 12 Plaintiff, 13 14 15 16 vs. JOSEPH MULLINS, et al., JOINT STIPULATION TO CONTINUE TRIAL DATE TO MAY 22 OR MAY 29, 2018, AND ALL DATES SET FORTH IN THE PRETRIAL ORDER RELATED TO THE TRIAL DATE, FROM JANUARY 23, 2018, THE CURRENT TRIAL DATE Defendants Senior Judge Anthony W. Ishii 17 Trial Date: January 23, 2018 18 19 20 21 22 23 24 25 26 27 28 At the telephonic meeting of all counsel, which took place on December 5, 2017, to premark exhibits as required by the Court’s November 16, 2017 Pretrial Order, Doc. 428, all counsel met and conferred regarding the current trial date of January 23, 2018, and the pending knee replacement surgery of defendant Hood’s counsel, Marshall S. Fontes. Because Mr. Fontes’ surgery now is not scheduled to take place until the end of December 2017 or the first week of January 2018, and recovery time for said surgery is between four to six weeks, he will not be able to try this action on January 23, 2018. Counsel for all parties discussed possible new trial dates and agreed that May 22 or May 29, 2018 were dates on which all counsel were available for the trial. Therefore, 1 1 IT HEREBY IS STIPULATED among all counsel that the January 23, 2018 trial of this 2 matter be continued to either May 22 or May 29, 2018, and that any hearings and pretrial 3 deadlines also be continued to reflect the new trial date. 4 5 6 Respectfully submitted, Dated: December 6, 2017 7 YAGMAN & REICHMANN By: s/ Marion R. Yagman MARION R. YAGMAN Attorneys for Plaintiff GARY WILLIS 8 9 10 Dated: December 7 , 2017 MARDEROSIAN & COHEN 11 12 By: s/ Heather S. Cohen HEATHER S. COHEN Attorneys for Defendants MULLINS and SILVIUS (As authorized on December 7, 2017) 13 14 15 16 17 Dated: December 7, 2017 KERN COUNTY COUNSEL’S OFFICE 18 By: s/ Marshall Scott Fontes MARSHALL SCOTT FONTES Deputy County Counsel Attorneys for Defendant BILL HOOD (As authorized on December 7, 2017) 19 20 21 22 Pursuant to Local Rule 131(e), each of the foregoing counsel have authorized submission 23 of the foregoing document on that counsel's behalf, on the date listed below their signatures. 24 /// 25 /// 26 27 /// 28 2 1 ORDER 2 IT HEREBY IS ORDERED that the January 23, 2018 trial of this matter be continued 3 4 to May 22, 2018, and that pretrial hearings and deadlines be continued, as follows, and as set 5 forth in the Amended Pretrial Order: 6 1. Final Witness List: May 17, 2018 7 2. Trial Briefs: 8 Trial Brief: April 23, 2018 9 Optional response: May 2, 2018 3. Exhibit Preparation, including delivery of binders to Court 10 (Duty to Pre-mark Exhibits meeting held 12/5/2017): May 17, 2018 11 12 4. Discovery documents: May 17, 2018 13 5. Motions In Limine Hearing and Briefing Schedule: 14 Motions in Limine: April 9, 2018 15 Opposition: April 23, 2018 16 Reply: May 2, 2018 17 Hearing: May 14, 2018 at 1:30 PM 18 6. Use of Videotape and Computers: May 17, 2018 19 7. Proposed Jury Instructions and Verdict Forms: April 23, 2018 20 8. Voir Dire: May 17, 2018 21 9: Agreed Summary of the Case: May 17, 2018 22 23 24 IT IS SO ORDERED. Dated: December 15, 2017 SENIOR DISTRICT JUDGE 25 26 27 28 3

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