Provencio, et al. v. Vasquez, et al.

Filing 144

ORDER vacating trial date and referring matter to the Magistrate Judge for a scheduling conference signed by Chief Judge Anthony W. Ishii on 8/5/09. (Nazaroff, H)

1 EDMUND G. BROWN JR. Attorney General of the State of California 2 PAMELA J. HOLMES Supervising Deputy Attorney General 3 DOUG KNOLL, (State Bar No.077040) Deputy Attorney General 4 BENJAMIN BARNOUW (State Bar No. 168581) Deputy Attorney General 300 South Spring Street, Suite 1702 5 Los Angeles, CA 90013 Telephone: [phone] Fax: [phone] Email: Doug. [e-mail] 7 8 Attorneys for Defendants Pat L. Vazquez, Matthew Palmer, Curtiss Lawless, David Hicks, Lorlean 9 Drugich, Brandon Short, Bernard Ramos, Remijio Paredes, Edward Montanio, Levi Logan, Anthony 10 Ayala, George Gutierrez, Lee Miller, Edmond Cooper, Kevin Crouch, Tony Gibson, Bruce Gladden, 11 Pearl Goetchius-Riley, Jose Gamez, Julie Gibbons, David Guerzon, Javier Herrera, Thomas Hunter, 12 Clifford Johnson, Lydia Martinez, Mark Miranda, Kelly Phillips, Paul Turpin, Edward Welch, Jeffrey 13 Williams, Terrance Yoder and Michael Songer 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS: (1) The Court has pending before it two summary judgment motions brought by the v. PATRICIA L. VAZQUEZ, et al., Defendants. DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, Maria Lucero, et al., Plaintiffs, 1:07-CV-00069-AWI-BAK GSA JOINT STIPULATION AND ORDER VACATING TRIAL DATE AND REFERRING ACTION TO THE MAGISTRATE JUDGE FOR A SCHEDULING CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

28 defendants on March 13, 2009 and submitted on May 4, 2009;
JO IN T STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE & RESETTING PRETRIAL CON FERENCE

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(2) On July 1, 2009 the Court vacated the original Pretrial Conference date of July 10, 2009; (3) The parties have been unable to meaningfully prepare for trial in the absence of rulings

3 on the pending summary judgment motions; 4 (4) The Court, in a ruling dated July 29, 2009, granted plaintiffs twenty days in which to

5 bring a Motion for Leave to File a Fourth Amended Complaint, which motion plaintiffs are 6 presently preparing, and which motion defendants will oppose; 7 to 8 Third Amended Complaint on July 31, 2009; 9 (6) The parties have met and conferred, through their respective counsel, and have 10 determined that, in light of the above circumstances, this case will be unable to proceed to trial as 11 presently scheduled; 12 Now, therefore, the parties stipulate as follows, subject to approval by the Court: 13 (1) The trial date of September 1, 2009 may be vacated, to be reset by the Court; and 14 (2) The Pretrial Conference, previously vacated by the Court, may be reset by the Court 15 consistent with the reset trial date. 16 17 18 19 20 August 6, 2009 21 22 23 August 6, 2009 24 25 26 27 August 6, 2009 28 By: /s/ Joshua M. Merliss JOSHUA M. MERLISS, Attorney By: /s/ Michael R. Mitchell MICHAEL R. MITCHELL, Attorney for Plaintiff Daniel Provencio, Jr. GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN By: /s/ John P. McNicholas JOHN P. McMICHOLAS, Attorney for Plaintiff Nancy Mendoza McNICHOLAS & McNICHOLAS (5) Following the Curt's July 29, 2009 ruling, defendant Michael Songer filed his Answer

JO IN T STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE & RESETTING PRETRIAL CON FERENCE

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1 2 3 4 August 6, 2009 5 6 7 8 9 10 11 12 August 6, 2009 13 14 15 16 By:

for Plaintiff Johnny G. Provencio LeBEAU-THELEN, LLP

/s/ J. Nile Kinney J. Nile Kinney, Attorney for Defendant Matthew Adams EDMUND G. BROWN JR. Attorney General of the State of California PAMELA J. HOLMES, Supervising Deputy Attorney General DOUG KNOLL Deputy Attorney General BENJAMIN BARNOUW Deputy Attorney General

By:

/s/ Doug Knoll DOUG KNOLL Deputy Attorney General Attorneys for All Defendants Except Matthew Adams

ORDER 17 The Court has read and considered the stipulation of the parties and, good cause appearing 18 therefor, IT IS HEREBY ORDERED THAT: 19 (1) The September 1, 2009 trial date is VACATED; and 20 (2) The action is referred to the Magistrate Judge to hold a scheduling conference. 21 22 IT IS SO ORDERED. 23 Dated: 24 0m8i78 25 26 27 28
JO IN T STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE & RESETTING PRETRIAL CON FERENCE

August 5, 2009

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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