Miller v. Schmitz et al

Filing 51

STIPULATION and ORDER RE Plaintiff's Motion to Compel Further Discovery Responses from Defendants Hanford Police Officer Steve Schmitz and the City of Hanford; Order approving Stipulation and VACATING 5/22/2013 hearing date. Order signed by Magistrate Judge Stanley A Boone on 5/6/2013. (Hernandez, M)

1

KEVIN G. LITTLE, SBN 149818
ATTORNEY AT LAW

2
3

1099 E. Champlain Drive, Suite A-124
Fresno, California 93720
Telephone: [phone]
Email: [e-mail]

4
Attorney for Plaintiff Isaac Miller
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
***
)
ISAAC MILLER,
)
)
Plaintiff,
)
)
v.
)
)
HANFORD POLICE OFFICER STEVE
)
S C H M I T Z ; C I T Y O F H A N F O R D ,)
CALIFORNIA; RONALD SILVA,
)
)
Defendants.
)
)
)
RONALD SILVA,
)
)
Counter-Claimant,
)
)
v.
)
)
ISAAC MILLER; ROES 1-20,
)
)
Counter-Defendants.
)
____________________________________)

No. 12-CV-F-00137 LJO SAB
STIPULATION AND ORDER RE:
PLAINTIFF’S MOTION TO COMPEL
FURTHER DISCOVERY RESPONSES
FROM DEFENDANTS HANFORD
POLICE OFFICER STEVE SCHMITZ
AND THE CITY OF HANFORD;
ORDER APPROVING STIPULATION
AND VACATING MAY 22, 2013
HEARING DATE

23
TO THE HONORABLE COURT:
24
The undersigned parties hereby enter into the following stipulation regarding plaintiff
25
Isaac Miller’s motion to compel further discovery responses from defendants Officer Steve
26
Schmitz and the City of Hanford (Dkt. No. 45):
27
28

1.

1

Defendants Hanford Police Officer Steven Schmitz and the City of Hanford will

2

produced police reports written by Officer Schmitz from the time he was re-assigned to patrol

3

in approximately 2008 to the date of the filing of this action on January 29, 2012 that pertain

4

to allegations of violations of California Penal Code §§ 242 or 245(a) made from restaurants,

5

bars, nightclubs, or emergency rooms.

6

2.

The defendants will have 30 days to produce the responsive reports.

7

3.

Plaintiff will withdraw his pending motion, currently scheduled to be heard on

8

May 22, 2013, before the Hon. Stanley A. Boone.
IT IS SO STIPULATED AND AGREED.

9
10

Date: May 6, 2012

11
By:

/s/ Kevin G. Little
Kevin G. Little
Attorney for Plaintiff
Isaac Miller

By:

/s/ Daniel L. Wainwright
Daniel L. Wainwright
McCormick Barstow LLP
Attorneys for Defendants
Officer Schmitz and the City of Hanford

12
13
14
15
16
17

ORDER

18
19

The Court finds good cause to approve the above Stipulation and issue a corresponding

20

Order. Responding defendants shall have 30 days to produced the above-described reports.

21

The May 22, 2013 hearing date is hereby vacated.

22
23
IT IS SO ORDERED.
24
25

i1eed4

Dated:

May 6, 2013
UNITED STATES MAGISTRATE JUDGE

26
27
28

-2-