Olvera v. City of Modesto et al

Filing 25

STIPULATION and ORDER RESETTING Hearing Date on Defendants' Motion for Summary Judgment (Docs. 23 , 24 ), Signed by District Judge Anthony W. Ishii on 3/19/2013. The Motion Hearing currently set for 4/15/2013 is RESET to 4/29/2013 at 01:30 PM in Ctrm. 2 before District Judge Anthony W. Ishii. (Arellano, S.)

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Sanjay S. Schmidt (SB# 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1686 Second St., Suite 219
Livermore, California 94550
Ofc. Phone: [phone]
Facsimile:
[phone]

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Tai C. Bogan (SB# 241784)
LAW OFFICE OF TAI C. BOGAN
1202 “H” St., Suite D
Modesto, California 95354
Ofc. Phone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiff Armando Olvera

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SUSANA ALCALA WOOD
City Attorney (SBN 156366)
JAMES F. WILSON
Senior Deputy City Attorney (SBN 107289)
City of Modesto
1010 Tenth Street, Suite 6300
Modesto, California 95353
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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CASE NO. 1:11-CV-00540-AWI-GSA

ARMANDO OLVERA,

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STIPULATED REQUEST TO RE-SET
HEARING DATE ON DEFENDANTS’
MOTION FOR SUMMARY
JUDGEMENT AND ORDER

Plaintiff,

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vs.
CITY OF MODESTO, a municipal corporation,
and MARK ULRICH,

Date: April 15, 2013
Time: 1:30 p.m.
Dept: 2
Judge: Hon. Anthony W. Ishii

Defendants.

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STIPULATED REQUEST TO RE-SET HEARING ON DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT: CASE NO. 1:11-CV-00540-AWI-GSA

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The parties hereby respectfully stipulate as follows:
A.

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on March 8, 2013 and styled as Defendants’ Motion for Summary Judgment

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This matter has been set for a hearing on Defendants’ motion, which was filed

or, In the Alternative Partial Judgment.
B.

The hearing on Defendants’ motion was set for April 15, 2013, at 1:30 p.m.;
however, the office of counsel for Defendants inadvertently set this date prior
to confirming the availability of counsel for Plaintiff. Unfortunately, counsel
for Plaintiff is unavailable on April 15, 2013 because counsel must appear for
a hearing on a different matter in a different county.

WHEREFORE, THE PARTIES STIPULATE and respectfully request that the Court
vacate the April 15, 2013 hearing date and re-set the hearing on Defendants’ motion to April
29, 2013, at 1:30, in D-2, before the Hon. Anthony W. Ishii.
Plaintiff attests that all signatories below concur in the filing of this document.

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DATED: March 19, 2013

LAW OFFICE OF SANJAY S. SCHMIDT
LAW OFFICE OF TAI C. BOGAN

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BY:
/s/ Sanjay S. Schmidt
Attorneys for Plaintiff

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MODESTO CITY ATTORNEY’S OFFICE

DATED: March 19, 2013
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BY:
/s/ James F. Wilson
Attorneys for Defendants

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STIPULATED REQUEST TO RE-SET HEARING ON DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT: CASE NO. 1:11-CV-00540-AWI-GSA

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ORDER

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Having considered the parties’ stipulation, requesting that the hearing on Defendants’

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pending motion be vacated and re-set, and good cause appearing therefore,
IT IS HEREBY ORDERED that the hearing currently set to be held on April 15, 2013, at

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1:30, in D-2, on Defendants’ Motion for Summary Judgment or, In the Alternative Partial
Summary Judgment, is hereby vacated; the hearing is re-set to April 29, 2013, at 1:30, in D-2,
before the Hon. Anthony W. Ishii.

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IT IS SO ORDERED.

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Dated:

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March 19, 2013
SENIOR DISTRICT JUDGE

DEAC_Signature-END:

0m8i788

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STIPULATED REQUEST TO RE-SET HEARING ON DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT: CASE NO. 1:11-CV-00540-AWI-GSA