Martinez v. Adams et al

Filing 61

STIPULATION and ORDER to VACATE Scheduled Trial date of 2/22/2011 and Pretrial Conference of 1/6/2011 set before Judge O'Neill. Order signed by Magistrate Judge Dennis L. Beck on 12/13/2010. (Hernandez, M)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California MONICA N. ANDERSON, State Bar No. 182970 Supervising Deputy Attorney General DAVID A. CARRASCO, State Bar No. 160460 Supervising Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Garza, Nacar, Smith, Van Natta, and Vargas IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION STEVEN C. MARTINEZ, 1:09-cv-00899 LJO DLB Plaintiff, STIPLULATION AND ORDER TO VACATE SCHEDULED TRIAL AND PRETRIAL CONFERENCE Pretrial Conference: 1/6/2011 Trial Date: 2/22/2011 Action Filed: 5/21/2009

v. GARZA, et al.,

Defendants.

The parties stipulate to vacating the scheduled trial and pretrial conference dates and resetting them, if necessary, after the Court has ruled on Defendants' pending motion to dismiss and motion for summary judgment. Under the scheduling order filed on April 28, 2010, a pretrial conference is set for January 6, 2011, and the trial is set to begin on February 22, 2011. (CR 32.) In addition, under Local Rule 281(a)(2), the parties joint pretrial statement is currently due on December 28, 2010. Defendants filed a motion to dismiss and motion for summary judgment addressing all remaining claims in this action. (CR 54.) On November 15, 2010, a few days before the scheduled hearing of Defendants' motion to dismiss and motion for summary judgment, the Court issued a minute 1
Stipulation and Order to Vacate Scheduled Trial and Pretrial Conference (1:09-cv-00899 LJO DLB)

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order stating that no hearing was necessary and that it would issue a written order. (CR 59.) But the Court has yet to issue that order. The parties' expenditure of time to prepare for trial will be wasted if the Court grants Defendants' pending motion. Moreover, Plaintiff's counsel has a conflict on the week of February 22, 2011, when the trial is currently scheduled for this action. So, a trial continuance is needed for that reason as well.

Dated: December 9, 2010

/s/ Ken I. Karan (Signature maintained on file.) Ken I. Karan Law Office of Ken I. Karan Attorney for Plaintiff Steven Martinez /s/ David A. Carrasco______ David A. Carrasco Office of the Attorney General Attorney for Defendants Garza, Nacar, Smith, Van Natta, and Vargas ORDER

Dated: December 10, 2010

Having reviewed the stipulation of the parties, and good cause showing, the trial and pretrial dates shall be vacated and reset, if necessary, after the Court rules on Defendants' pending motion to dismiss and motion for summary judgment. IT IS SO ORDERED. Dated:
DEAC_Signature-END:

December 13, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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Stipulation and Order to Vacate Scheduled Trial and Pretrial Conference (1:09-cv-00899 LJO DLB)