Earp v. County of Tulare et al

Filing 39

STIPULATION and ORDER to Continue Hearing on Defendant's Motion for Evidentiary Sanctions and Motion for Summary Judgement. Motion Hearing is set for 2/23/2012 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 3/2/2012. (Yu, L)

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Dennis R. Thelen, SBN 83999
Kevin E. Thelen, SBN 252665
LE BEAU • THELEN , LLP
5001 East Commercenter Drive, Suite 300
Post Office Box 12092
Bakersfield, California 93389-2092
[phone]; Fax [phone]

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Attorneys for Defendant, COUNTY OF TULARE and
STEVEN HENRY (erroneously sued herein as "PHYSICIANS
ASSISTANT HENRY")

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THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNY Y. EARP,

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Plaintiff,

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vs.

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COUNTY OF TULARE, PHYSICIANS
ASSISTANT HENRY, and DOES 1-25,

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Defendants.

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CASE NO.: 1:11-CV-00196-MJS
STIPULATION AND [PROPOSED]
ORDER RE: CONTINUE HEARING ON
DEFENDANTS' MOTION FOR
EVIDENTIARY SANCTIONS AND
MOTION FOR SUMMARY
JUDGMENT
Case Filed:
Trial Date:
Magistrate:

February 3,2011
June 26, 2012
Michael J. Seng

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The parties to the above referenced action, by and through their counsel and subject to this
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Court's approval, hereby stipulate to the following:
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WHEREAS the parties jointly desire to continue the currently set date and time for hearing on
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defendants' Motion for Evidentiary Sanctions and Motion for Summary Judgment or, in the alternative,
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Summary Adjudication from its current date and time of Friday, March 9, 2012 at 9:30 a.m. in
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Department 6 of the United States District Court, Eastern District of California;
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WHEREAS the parties agree that good cause exists for this continuance as counsel of record for
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defendants, Kevin E. Thelen, Esq., has just experienced the birth of his first child, a baby boy named
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Avery Quinn Thelen, on February 26, 2012 at 12:28 a.m. and is currently taking time off of work to be
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STIPULATION AND ORDER RE: CONTINUE HEARING ON DEFENDANTS' M OTION FOR
EVIDENTIARY SANCTIONS AND M OTION FOR SUM M ARY JUDGM ENT

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with his newborn son;

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THE PARTIES HEREBY AGREE, subject to the Court's approval, to continue the hearing date

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for defendants' Motion for Evidentiary Sanctions and Motion for Summary Judgment from Friday,

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March 9, 2012 at 9:30 a.m. to Friday, March 23, 2012 at 9:30 a.m. in the same Courtroom and

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Courthouse.

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THE PARTIES HEREBY FURTHER AGREE, subject to the Court's approval, to continue the

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date required by defendants to provide a reply/response to plaintiff's Opposition to Motion for

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Evidentiary Sanctions and Motion for Summary Judgment from the close of business on Friday, March

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2, 2012 to the close of business on Friday, March 9, 2012 secondary to the good cause previously

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stated.

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Respectfully submitted,

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Dated: March 2, 2012

LeBEAU-THELEN, LLP

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By:

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/s/ KEVIN E. THELEN
KEVIN E. THELEN
Attorneys for Defendants COUNTY OF
TULARE and STEVEN HENRY

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Dated: March 2, 2012

LeBEAU-THELEN, LLP

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By:

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/s/ PHILIP BOURDETTE
PHILIP BOURDETTE
Attorneys for Plaintiff DONNY Y. EARP

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ORDER
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IT IS SO ORDERED.

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Dated:
ci4d6

March 2, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER RE: CONTINUE HEARING ON DEFENDANTS' M OTION FOR
EVIDENTIARY SANCTIONS AND M OTION FOR SUM M ARY JUDGM ENT