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

Filing 166

JOINT STIPULATION And ORDER Continuing Hearing On Defendant Songer's Motion For Summary Judgment, signed by Chief Judge Anthony W. Ishii on 3/5/2010. (Motion Hearing set for 5/17/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii) (Scrivner, E)

Michael R. Mitchell, (SBN 48348) 19655 Friar Street Tarzana, California 91335 [phone] Telephone Attorney for Plaintiff, DANIEL PROVENCIO, JR., etc., et al John P. McNicholas, (SBN 33530) McNICHOLAS & McNICHOLAS, LLC 10866 Wilshire Boulevard, Suite 1400 Los Angeles, California 90024-4338 [phone] Telephone Attorneys for Plaintiff NANCY MENDOZA Joshua M. Merliss (SBN 073416) GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN 3580 Wilshire Blvd., #1800 Los Angeles, California 90010 [phone] Telephone Attorneys for Plaintiff JOHNNY G. PROVENCIO IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION _______________________________________ DANIEL PROVENCIO, JR., etc., et al, Plaintiff, vs. PATRICIA L. VAZQUEZ, et al [Assigned to the Honorable Anthony W. Ishii] Trial: August 17, 2010 1:07-CV-00069-AWI-JLT JOINT STIPULATION AND ORDER CONTINUING HEARING ON DEFENDANT SONGER'S MOTION FOR SUMMARY JUDGMENT

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs through their respective counsel and Defendants through their respective counsel as follows: Defendant, Michael Songer, M.D., has filed a Motion for Summary Judgment that is currently set to be heard by the Court on March 29, 2010 at 1:30 pm in Courtroom 2. All defendants except Songer had previously filed Motions for Summary Judgment, which motions were taken under submission on May 4, 2009. In light of the Court's March 1, 2010 ruling (Doc. 162), granting summary judgment as to all of said moving defendants except Vazquez, Palmer, Adams, Hicks, Drugich, and Paredes, and inviting said remaining defendants to file second summary judgment motions by April 15, 2010, said defendants will timely file second Motions for Summary Judgment, and have reserved May 17, 2010 as the hearing date for those motions. The parties believe it would save the Court time, and promote the orderly and efficient processing of these motions, to have them all heard at the same time. As such, the parties hereby stipulate that Defendant Michael Songer's Motion for Summary Judgment be continued from March 29, 2010 to May 17, 2010 and be heard at the same time as the Motions for Summary Judgment that will be filed by the other

Defendants. /// /// /// 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

Dated: 2010)

March 4, 2010

By:/s/_Doug Knoll_(As ___ authorized on March 4, DOUG KNOLL Deputy Attorney General Attorneys for PAT L. VASQUEZ, PALMER,

Defendants MATTHEW DAVID HICKS, LORLEAN DRUGICH, REMIJIO PAREDES AND MICHAEL SONGER

LeBEAU-THELIN, LLP

Dated: 2010)

March 3, 2010

By:/s/ J. Nile Kinney_(As __ authorized on March 3, J. NILE KINNEY Attorney for Defendant MATTHEW ADAMS McNICHOLAS & McNICHOLAS

Dated:

March 3, 2010 By:/s/ John

McNicholas_(As __ authorized on March 3, 2010) JOHN McNICHOLAS Attorney for Plaintiff NANCY MENDOZA

Dated:

March 3, 2010

By:_/s/ Michael R. Mitchell(As authorized on March 3, 2010) MICHAEL R. MITCHELL Attorney for Plaintiff DANIEL PROVENCIO, JR.

Dated:

March 3, 2010

GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN

By:/s/ Joshua M. Merliss JOSHUA M. MERLISS Attorney for Plaintiff JOHNNY G. PROVENCIO

ORDER

GOOD CAUSE APPEARING, IT IS SO ORDERED. Dated: 0m8i78 March 5, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE