Espinoza et al v. County of Fresno

Filing 128

ORDER Regarding Status Conference signed by Judge Oliver W. Wanger on 4/27/2010. (Esteves, C)

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Gary M. Messing, No. 075363 James W. Henderson, Jr., No. 071170 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 1007 7th Street, Suite 200 Sacramento, CA 95814 Telephone: [phone] Facsimile: 916.446.4487 Email: [e-mail] [e-mail] Harry S. Stern, No. 176854 Peter Hoffmann, No. 254354 RAINS LUCIA STERN, PC 2300 Contra Costa Blvd., Suite 230 Pleasant Hill, CA 94523 Telephone: [phone] Facsimile: [phone] Email: [e-mail] William B. Aitchison, No. 90642 AITCHISON & VICK, INC. 3021 NE Broadway Portland, OR 97232 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs, JUAN ESPINOZA, PAUL MARQUEZ, AARON EPPERLY and ERIC SCHMIDT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JUAN ESPINOZA, PAUL MARQUEZ, AARON EPPERLY and ERIC SCHMIDT, Plaintiffs, v. COUNTY OF FRESNO, Defendant.

Case No. 1:07-CV-01145-OWW-SMS ORDER REGARDING STATUS CONFERENCE DATE: APRIL 22, 2010 TIME: 12:00 P.M.

The State Conference ordered by this Court pursuant to its Order of April 8, 2010 took place on April 22, 2010 at 12:00 p.m. in Courtroom 3 of the above-entitled
CBM-SAC\SA076445 ORDER REGARDING STATUS CONFERENCE

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Court. James W. Henderson, Jr. and Gary M. Messing of the firm of Carroll, Burdick & McDonough LLP appeared on behalf of the Plaintiffs; Michael G. Woods, Esq. of the firm of McCormick, Barstow, Sheppard, Wayte & Carruth appeared on behalf of the Defendant County of Fresno. Counsel for the parties and the Court discussed the status of the appeal in Bamonte v. City of Mesa, Arizona (9th Cir. Doc. 08-16206). In view of the fact that there is pending a Petition for Rehearing en banc with the Ninth Circuit in that action, it was agreed by the parties and the Court that the Defendant's Motion for Summary Judgment and/or Partial Adjudication should not be heard until after a final decision is issued in Bamonte v. City of Mesa, Arizona. Accordingly, the Court hereby ORDERS as follows: 1. The hearing on the County of Fresno's Motion for Summary Judgment

and/or Partial Adjudication, which had been set by the April 8, 2010 Order for July 19, 2010, is hereby vacated and a new hearing date shall be set after notification to the Court that the Bamonte appeal has concluded. Counsel for the Plaintiffs has agreed to provide that notice to the Court. 2. Upon notification of the resolution of the Bamonte appeal, the Court will

schedule a new Status Conference which, among other things, will set a new hearing date for the Motion for Summary Judgment and/or Partial Adjudication, a supplemental briefing schedule for that matter, a Final Pre-Trial Conference date, a Trial date and such other associated and related deadlines as may be appropriate. 3. effect.
IT IS SO ORDERED. Dated:

That portion of the April 8, 2010 Order lifting the stay shall remain in

April 27, 2010
DEAC_Signature-END:

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

CBM-SAC\SA076445 ORDER REGARDING STATUS CONFERENCE

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