Shepherd v. Crawford et al

Filing 98

STIPULATION and ORDER GRANTING the continuance of the MOTION for ATTORNEY FEES, document 96 ; Motion Hearing CONTINUED to 10/26/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 8/11/2009. (Rooney, M)

J A M E S F . D e M A R T I N I (SBN 76220) Attorney at Law 2 115 West First Street Cloverdale, California 95425 3 [phone] [phone]-Fax
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1 STIPULATION AND PROPOSED ORDER CONTINUING DEFENDANTS MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS AGAINST PLAINTIFF [08-00128 OWW]

Attorney for Plaintiff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARGARET A. SHEPHERD, ) ) ) Plaintiff, ) ) ) vs. ) ) ) OFFICER GARRETT ) CRAWFORD, OFFICER D. ) GRIEPP, OFFICER DAVID ) ANGAROLE, OFFICER T. ) MUSTARO, OFFICER JOSEPH ) PIMENTAL, OFFICER SCOPESI, ) OFFICER YAIR OAXACA, DOE ) OFFICER ONE, DOE OFFICER ) TWO, DOE OFFICER THREE, ) DOE OFFICER FOUR , CITY OF ) MODESTO, THE COPPER RHINO, ) LLC, LESLIE R. KNOLL, GRIFFIN ) ALLEN DYE, and DOES 5-20, ) inclusiv e, ) ) Defendants. ) / UNLIMITED Case No.: 1: 08-CV-00128-OWW-DLB

STIPULATION AND CONTINUING DEFENDANTS MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS AGAINST PLAINTIFF Date: Time: Dept.: Judg e: October 5, 2009 10:00 a.m. Courtroom 3 (7th Floor) Hon. Oliver W. Wanger

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COME NOW the parties, by and through their respective attorneys of record, and hereby stipulate and request the Court to enter an Order continuing Defendants Sergeant Garrett Crawford, Officers Douglas Griepp, David Angarole, Todd Musto, Joseph Pimental, Tony Scopesi and Yair Oaxaca's Motion for Award of Attorneys' Fees and Costs Against Plaintiff Margaret Shepherd, which is currently scheduled for October 5, 2009 at 10:00 a.m. in Courtroom 3. The parties hereby agree to reschedule the hearing date to October 26, 2009 at 10:00 a.m., if it so pleases the court. Respectfully submitted:

Dated: July 28, 2009

By:

/s/ James F. DeMartini JAMES F. DeMARTINI Attorney for Plaintiff

Dated: July 28, 2009

By:

/s/ Kevin E. Gilbert KEVIN E. GILBERT Attorney for Defendants, Officer Garrett Crawford, Officer D. Griepp, Officer David Angarole, Officer Todd Musto, Officer Joseph Pimental, Officer Scopesi, Officer Yair Oaxaca

2 STIPULATION AND PROPOSED ORDER CONTINUING DEFENDANTS MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS AGAINST PLAINTIFF [08-00128 OWW]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 11, 2009 emm0d6

ORDER GOOD CAUSE APPEARING, the Court hereby adopts the Stipulation of the parties as an Order of this Court. The date for the hearing on Defendants Motion for Award of Attorneys Fees and Costs Against Plaintiff shall be rescheduled to October 26, 2009 at 10:00 a.m. in Courtroom 3, 7th Floor. IT IS SO ORDERED.

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

3 STIPULATION AND PROPOSED ORDER CONTINUING DEFENDANTS MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS AGAINST PLAINTIFF [08-00128 OWW]