Huckabee v. Medical Staff at CSATF et al

Filing 58

STIPULATION and ORDER Re Filing of Amended Motion to Dismiss, signed by Magistrate Judge Barbara A. McAuliffe on 7/5/13. (Hellings, J)

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JAMES R. KIRBY II, SBN 088911
SEGAL & KIRBY LLP
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
JEFFREY GARCIA, O.D.,
sued as DR. GARCIA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ANTHONY CRAIG HUCKABEE,

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Plaintiff,

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STIPULATION RE FILING OF
AMENDED MOTION TO DISMISS AND
PROPOSED ORDER

vs.

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CASE NO. 1:09-cv-00749-LJO-BAM

RALPH M. DIAZ, et al.

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Defendants.

Magistrate Judge: Barbara A. McAuliffe
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After reviewing Plaintiff’s opposition to the motion to dismiss filed by
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Defendant Jeffrey Garcia, O.D. (sued as Dr. Garcia), counsel for Dr. Garcia
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discovered errors he made in the original motion. To correct those errors, counsel
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for Dr. Garcia requires additional time to obtain and present accurate facts to the
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Court, namely records from the California Board of Optometry.
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Counsel for Plaintiff is withdrawing from representation of plaintiff. To avoid
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potential prejudice to Plaintiff, the parties agree Dr. Garcia’s corrected motion to
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dismiss should not be filed until ten days after the Court addresses the request to
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withdraw by counsel for Plaintiff (subject to further order of the Court).
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-1Stipulation Re Filing Of Corrected Motion To Dismiss

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Accordingly, the parties stipulate that Dr. Garcia’s motion to dismiss filed on

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May 13, 2013 (Docket ##52 & 53) may be withdrawn and re-filed as corrected ten

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days after the Court rules on the request to withdraw by counsel for Plaintiff.

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SO STIPULATED:
Dated: June 25, 2013

SEGAL & KIRBY LLP

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By:/s/ James R. Kirby II
JAMES R. KIRBY II
Attorneys for Defendant Jeffrey Garcia, O.D.
(sued as Dr. Garcia)

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Dated: June 25, 2013

YARRA, KHARAZI & ASSOCIATES

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By:/s/ H. Ty Kharazi
H. TY KHARAZI
Attorneys for Plaintiff
Anthony Craig Huckabee

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ORDER
For good cause shown, the stipulation to permit withdrawal of Dr. Garcia’s

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motion to dismiss and filing of a corrected motion ten days after the Court rules on

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the request to withdraw by Plaintiff’s counsel is granted.

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IT IS SO ORDERED.
Dated:
10c20k

July 5, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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-2Stipulation Re Filing Of Corrected Motion To Dismiss