Coldwell v. County of Fresno

Filing 40

STIPULATION and ORDER to continue 34 35 MOTION for SUMMARY JUDGMENT Hearing currently set for 1/21/2009 to 1/29/2009 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill, signed by District Judge Lawrence J. O'Neill on 1/13/2009. (Kusamura, W)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Michael G. Woods, # 058683-0 Deborah A. Byron, #105327 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants COUNTY OF FRESNO, FORMER SHERIFF RICHARD PIERCE, LT. RICHARD KO, DEPUTY KEVIN WIENS, SGT. GEORGE BERTSCH, III, SGT. RICHARD GALLEGOS, and DEPUTY STEWART ASSELIN

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

MARTIN COLDWELL, individually and on behalf of Class of Persons similarly situated, STEPHEN LAKE, ROBERT TURNER, and DAVID DURBIN, Plaintiffs, v. COUNTY OF FRESNO, FORMER SHERIFF RICHARD PIERCE, SGT. RICK KO, DEPUTY KEVIN WIENS, DET. BERTSCH, DET. GALLEGOS, DEPUTY ASSELIN and DOES 1 through 10, inclusive, Defendants.

Case No. 1:07-CV-01131-LJO-SMS STIPULATION TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION AND ORDER THEREON

Due to calendaring conflicts, it is jointly requested that the hearing on Plaintiffs' Motion for Summary Judgment/Summary Adjudication, presently scheduled for January 21, 2009 at 8:30 a.m., be continued to January 29, 2009 at 8:30 a.m., before the Honorable Judge Lawrence J. O'Neill. It is also jointly stipulated that Plaintiffs' Reply to Defendants' Opposition may be filed, with the court's permission, on or before January 22, 2009.

STIPULATION TO CONTINUE HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Dated: January 13, 2009

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP By: ____/s/ Michael G. Woods________ Michael G. Woods Attorneys for Defendants, COUNTY OF FRESNO, FORMER SHERIFF RICHARD PIERCE, LT. RICHARD KO, DEPUTY KEVIN WIENS, SGT. GEORGE BERTSCH, III, SGT. RICHARD GALLEGOS, and DEPUTY STEWART ASSELIN

Dated: January 13, 2009

BRUCE W. NICKERSON LAW OFFICE By: ____/s/ Bruce W. Nickerson________ Bruce W. Nickerson Attorneys for Plaintiffs, MARTIN COLDWELL, individually and on behalf of Class of Persons similarly situated, STEPHEN LAKE, ROBERT TURNER, and DAVID DURBIN ORDER

Based on the Stipulation of the Parties and good cause appearing therefor, the hearing on Plaintiffs' Motion for Summary Judgment/Summary Adjudication is continued to January 29, 2009 at 8:30 a.m. in Courtroom 4 of the above entitled court. Plaintiffs' Reply to Defendants' Opposition, if any, must be filed on or before January 22, 2009. The Pretrial Conference date and trial date will NOT be changed as a result of this continuance. Dated: January 13, 2009 ____/s/ LAWRENCE J. O'NEILL_______ LAWRENCE J. O'NEILL JUDGE OF THE UNITED STATES DISTRICT COURT

29253/00164-1344794.v1

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STIPULATION TO CONTINUE HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION