Clarke v. Upton, et al

Filing 75

STIPULATION and ORDER GRANTING the continuance of the MOTION to APPOINT GUARDIAN AD LITEM 65 , MOTION to AMEND the COMPLAINT 62 , and MOTION to DISMISS Fifth Amended Complaint 46 : Motions CONTINUED to 3/30/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 1/8/2009. (Rooney, M)

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David L. Rowell / SBN 156190 The Rowell Law Office Post Office Box 4006 Clovis, California 93613 Telephone [phone] Attorney for Stanley Bradford Clarke

THE UNITED STATES DISTRICT COURT FORTHE EASTEN DISTRICT OF CALIFORNIA *** STANLEY BRADFORD CLARKE, Plaintiff, v. SANDRA UPTON; AMPARO WILLIAMS; DEPARTMENT OF SOCIAL SERVICES; and COUNTY OF MADERA, Defendants ) No. CV-F-07-888 OWW/SMS ) ) STIPULATION TO CONTINUE HEARING ) ON MOTIONS; ORDER ON SAME ) ) ) ) ) ) )

RECITALS
1. Defendants Sandra Upton, Amparo Williams, Department of Social Services and County of

Madera (hereinafter collectively "Defendants") filed motions to strike and to dismiss the Fifth Amended Complaint filed herein by plaintiff Stanley Bradford Clarke ("Clarke"); 2. Clarke filed an opposition to Defendants' motions and filed a counter-motion for leave to

amend and for appointment as guardian ad litem of Clarke's minor child Ambroise. 3. In a discussion with the court on November 3, 2008, Clarke and the Defendants, through

counsel, agreed to continue the hearings on all these various motions to a later date; 4. The Court thereafter continued these hearings to February 9, 2009, at 10:00 a.m. in Depart-

ment 3 of this Court. 5. Subsequent to these events counsel for Clarke and counsel for the Defendants submitted a

joint request to the Madera County Superior Court, Juvenile Division, for release of a sealed court file related

The Rowell Law Office P.O. Box 4006 Clovis, Ca. 93613 559.299.3030

-1Stipulation and Order re Hearing Date

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to Ambroise Clarke-Curutchague, a file which counsel for Clarke and counsel for the Defendants wished to obtain and review prior to the continued herein herein. 6. That sealed court file has not yet been released by the Madera County Superior Court, Juve-

nile Division, and counsel therefore have agreed to continue these hearings again, in order to obtain and review the same prior to the hearing. 7. In order to ensure that the court file is obtained in advance of the hearing, counsel wish to

continue the hearing to a date convenient to the Court but not earlier than March 23, 2009. 8. Now, therefore, the parties hereto, by and through their respective attorneys of record herein,

agree and stipulate as follows:

STIPULATION
1. The hearings on Defendants' motions to dismiss and to strike, on Clarke's counter-motion for

leave to amend and Clarke's motion for his appointment as guardian ad litem for Clarke's minor child Ambroise Clarke-Curutchague, shall all be held on a date to be assigned by the Court, but in any case not before March 23, 2009. Dated: January 8, 2009 THE ROWELL LAW OFFICE

____/s/ David L. Rowell__________ by: David L. Rowell, attorney for Stanley Bradford Clarke Dated: January 8, 2009 EMERSON, COREY, SORENSEN, CHURCH & YOHMAN

______/s/ Rayma Church___________ by: Rayma Church, attorney for Sandra Upton, Amparo Williams, Department of Social Services and County of Madera

ORDER ON STIPULATION
GOOD CAUSE therefore appearing, IT IS HEREBY ORDERED that the hearings on Defendants' motions to dismiss and to strike, on Clarke's counter-motion for leave to amend and Clarke's motion for his

The Rowell Law Office P.O. Box 4006 Clovis, Ca. 93613 559.299.3030

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appointment as guardian ad litem for Clarke's minor child Ambroise Clarke-Curutchague, shall all be held on March 30, 2009, at 10:00 am, in Department 3 of this Court. Dated: 1/8/2009 /s/ OLIVER W. WANGER Oliver W. Wanger, U.S. District Court Judge

The Rowell Law Office P.O. Box 4006 Clovis, Ca. 93613 559.299.3030

-3Stipulation and Order re Hearing Date