Abston et al v. City of Merced et al

Filing 42

ORDER GRANTING STIPULATION STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE ( Settlement Conference set for 3/24/2011 at 01:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng.) signed by Magistrate Judge Michael J. Seng on 12/13/2010. (Yu, L)

Abston et al v. City of Merced et al

Doc. 42

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DALE L. ALLEN, JR., # 145279 DIRK D. LARSEN, # 246028 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111-2584 Telephone [phone] Facsimile [phone] Attorneys for Defendants CITY OF MERCED; RUSS THOMAS; J. HART; B. DALIA; N. ARELLANO [e-mail] [e-mail] UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

MAUREEN ABSTON, individually, and as Personal ) Representative of the Estate of RICHARD ) ABSTON; COREY ABSTON; JACY ABSTON; ) LINDA ABSTON, ) ) Plaintiffs, ) ) vs. ) ) CITY OF MERCED, a municipal corporation; RUSS ) THOMAS, in his capacity as Sheriff for the CITY ) OF MERCED; J. HART, individually and in his ) capacity as a police officer for CITY OF MERCED; ) B. DALIA, individually, and in his capacity as a ) police officer for the CITY OF MERCED; ) N. ARELLANO, individually and her capacity as ) police officer for the CITY OF MERCED; S. ) KENSEY, individually; and DOES 1-25, inclusive, ) ) Defendants. ) )

Case No. 1:09-CV-00511-OWW-MJS STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE AND ORDER THEREON SETTLEMENT CONFERENCE RESET FOR Date: March 24, 2011 Time: 1:30 p.m. Location: Courtroom 6

The parties to the above-captioned action, through their respective counsel, hereby stipulate to continue the mandatory settlement conference currently scheduled for December 15, 2010, at 9:00 a.m., to March 10 or 24, 2011, at 1:30 p.m., in Courtroom 6 of the above-entitled Court. The grounds for this stipulation are that Defendants intend to file a motion for summary judgment, or in the alternative, summary adjudication, by the January 7, 2001 filing deadline, and the parties believe that the interests of economy and effectiveness would best be served if the mandatory settlement conference were to take place after the hearing of said motion. -1STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE AND ORDER

Dockets.Justia.com

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SO STIPULATED.

Dated: December 10, 2010. LOW, BALL & LYNCH

By

/s/ Dirk D. Larsen DALE L. ALLEN, JR. DIRK D. LARSEN Attorneys for Defendants CITY OF MERCED; RUSS THOMAS; J. HART; B. DALIA; N. ARELLANO

Dated: December 10, 2010. LAW OFFICES OF JOHN L. BURRIS

By

/s/ Benjamin Nisenbaum JOHN L. BURRIS BENJAMIN NISENBAUM Attorneys for Plaintiffs MAUREEN ABSTON, individually, and as Personal Representative of the Estate of RICHARD ABSTON; COREY ABSTON; JACY ABSTON; LINDA ABSTON

ORDER Pursuant to the stipulation of the parties herein, IT IS HEREBY ORDERED that the mandatory settlement conference currently scheduled for December 15, 2010, be continued to March 24, 2011, at 1:30 p.m., in Courtroom 6 of the above-entitled Court.

IT IS SO ORDERED. Dated: ci4d6 December _____, 2010. /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

-2STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE AND ORDER