Couch v. State of California, et al

Filing 252

JOINT STIPULATION and ORDER RE: HEARING DATE signed by District Judge Lawrence J. O'Neill on December 11, 2012. Motion Hearing currently set for 12/27/2012 is VACATED. (Munoz, I)

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BROOKS M. BEARD (CA Bar No. 181271)
Email: [e-mail]
DANIEL A. ZLATNIK (CA Bar No. 259690)
Email: [e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]
EDWARD J. CADEN (CA Bar No. 166922)
Email: [e-mail]
LAW OFFICE OF EDWARD J. CADEN
9245 Laguna Springs Drive, Suite 200
Elk Grove, California 95753
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs RYAN COUCH and KENNETH
JIMENEZ

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RYAN COUCH and KENNETH JIMENEZ,
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Plaintiff,
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v.

Case No. 1:08-CV-01621-LJO-DLB
JOINT STIPULATION AND
ORDER TO CONTINUE
HEARING DATE

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TOMMY WAN, KIMBERLI BONCORE, and
RALPH DIAZ,

COURT REVISED ORDER
Judge: Hon. Lawrence J. O’Neill

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE
CASE NO. 1:08-CV-01621-LJO-DLB
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Pursuant to Local Rules 143 and 230(f), Plaintiffs Ryan Couch and Kenneth Jimenez

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(collectively, “Plaintiffs”) and Defendants Tommy Wan, Kimberli Boncore, and Ralph Diaz

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(collectively, “Defendants,” and together with Plaintiffs, “the Parties”), by and through their

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respective undersigned counsel, hereby stipulate and jointly request that the Court continue the

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December 27, 2012 hearing on Defendants’ Motion for Summary Judgment and/or Summary

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Adjudication (“Motion,” see Dkt. No. 242) as follows:

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WHEREAS, on November 20, 2012 Defendants filed their Notice of Motion for Summary

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Judgment and/or Summary Adjudication and supporting papers; and

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WHEREAS, the Parties have been discussing settlement; and

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WHEREAS, as a matter of judicial economy, the Parties agree that moving the hearing

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date for Defendants’ Motion to January 11, 2013 (thereby moving the date for Plaintiffs’

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opposition to December 28, 2012 pursuant to Local Rule 230(c)) will afford the parties time to

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further pursue settlement discussions.

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THEREFORE, the Parties hereby stipulate and agree and request that the Court continue
the date for the hearing on Defendants’ Motion to January 11, 2013.

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Dated: December 10, 2012
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MORRISON & FOERSTER LLP
BROOKS M. BEARD
DANIEL A. ZLATNIK

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By:

/s/ Daniel A. Zlatnik
Daniel A. Zlatnik

Attorneys for Plaintiffs RYAN COUCH and
KENNETH JIMENEZ

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE
CASE NO. 1:08-CV-01621-LJO-DLB
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Dated: December 10, 2012

EDWARD J. CADEN
LAW OFFICE OF EDWARD J. CADEN

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By:

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/s/ Edward J. Caden (as authorized on
December 10, 2012)
Edward J. Caden

Attorney for Plaintiffs RYAN COUCH and
KENNETH JIMENEZ

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Dated: December 10, 2012

KAMALA D. HARRIS.
Attorney General of the State of California
SCOTT H. WYCKOFF
Supervising Deputy Attorney General
MARY HORST
Deputy Attorney General

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By:
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/s/ Mary Horst (as authorized on
December 10, 2012)
Scott H. Wyckoff

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Attorneys for Defendants TOMMY WAN,
KIMBERLI BONCORE, AND RALPH DIAZ

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE
CASE NO. 1:08-CV-01621-LJO-DLB
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ORDER

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Based on the parties’ stipulation and this Court’s docket, this Court:

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1. VACATES the December 27, 2012 hearing on defendants’ summary judgment
motion;

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2. ORDERS plaintiffs, no later than January 4, 2013, to file and serve summary

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judgment opposition papers, if this action does not settle;
3. ORDERS defendants, no later than January 11, 2013, to file and serve summary

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judgment reply papers, if this action does not settle; and

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4. ORDERS counsel to file papers to notify this Court of settlement as soon as settlement

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is confirmed.

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If necessary, this Court will consider defendants’ summary judgment motion on the

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record without a hearing.

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IT IS SO ORDERED.

December 11, 2012

Dated:

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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66h44d

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE
CASE NO. 1:08-CV-01621-LJO-DLB
sf-3227532

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