C.B. v. Sonora School District, et al.

Filing 124

STIPULATION and ORDER to continue Jury Trial currently set for 5/3/2011 to 7/6/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 4/20/2011. (Kusamura, W)

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JOHN F. MARTIN, ESQ. (SBN 52618)
CHRISTINE HOPKINS, ESQ. (SBN 240248)
LAW OFFICES OF JOHN F. MARTIN
A Professional Corporation
3100 Oak Road, Suite 230
Pos Office Box 5331
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff, C.B.

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CORNELIUS J. CALLAHAN, ESQ. (SBN 202585)
BORTON PETRINI, LLP
1104 12th Street
Modesto, California 95354
Telephone:
[phone]

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Attorneys for Defendants CITY OF SONORA, CHIEF OF POLICE MACE MCINTOSH, and
OFFICER HAL PROCK

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISON

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C.B., a minor,

CASE NO. 1:09-CV-00285-OWW-DLB

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Plaintiff,

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STIPULATION AND ORDER TO
CONTINUE TRIAL DATE

v.
SONORA SCHOOL DISTRICT; KAREN
SINCLAIR; CITY OF SONORA; CHIEF
OF POLICE MACE MCINTOSH;
OFFICER HAL PROCK; DOES 1-10,

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__________________________________
Trial Date:

May 3, 2011

MIL Hearing:

April 29, 2011

Judge:

Honorable Oliver Wanger

Defendants.

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Plaintiff C.B and Defendants City of Sonora, Mace McIntosh and Hal Prock hereby

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respectfully request that the Court continue the May 3, 2011 trial date in this matter to July 6,

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2011.
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REQUEST FOR CONTINUANCE OF TRIAL DATE

Plaintiff C.B. learned on April 11, 2011 that his Expert Witness and Psychiatrist Dr.

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Herbert Schreier must be out of the country from May 4, 2011 through May 23, 2011. Dr.

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Schreier will be in Norway and completely unavailable during those dates. Dr. Schreier was out

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of the country throughout March of 2011 which prevented Plaintiff’s counsel from confirming

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Dr. Schreier’s availability prior to the Pre-Trial Conference in this matter. While not a basis for

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this request, a continuance of the trial in this matter to July 2011 would prevent the minor

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Plaintiff C.B. from missing a week’s worth of instruction at school during the trial.

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Plaintiff and Defendants sincerely apologize to the Court for any inconvenience caused
by this request. In order to minimize inconvenience to the Court, Plaintiff and Defendant will

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agree to abide by all other deadlines set by the Court in its Pre-Trial order, including submission

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of exhibit and witness lists, jury instructions and verdicts, voir dire, etc. Counsel for Plaintiff

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and Defendant have confirmed all of their witnesses’ availability for the July 6th trial date.

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DATED:

April 14, 2011

_________/s/___Christine Hopkins__
CHRISTINE HOPKINS
Attorneys for Plaintiff C.B.

DATED:

April 14, 2011

_________/s/__Neil Callahan_________________
CORNELIUS J. CALLAHAN
Attorneys for Defendants
CITY OF SONORA, CHIEF OF POLICE MACE
MCINTOSH, and OFFICER HAL PROCK

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_____

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______________________________________________________________________________________________________
REQUEST FOR CONTINUANCE OF TRIAL DATE

ORDER

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Having taken into consideration the mutual request by the parties for a continuance of the trial,

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the May 3, 2011 trial date is hereby vacated and a new trial date is set for July 6, 2011.
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IT IS SO ORDERED.

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Dated:

April 20, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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______________________________________________________________________________________________________
REQUEST FOR CONTINUANCE OF TRIAL DATE