Sanchez v. City Of Fresno et al

Filing 97

STIPULATION TO EXTEND TIME TO FILE DISPOSITIVE MOTIONS; ORDER THEREON signed by District Judge Lawrence J. O'Neill on December 23, 2013. (Munoz, I)

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BETTS, RUBIN & McGUINNESS, A Professional Corporation
Attorneys at Law
907 Santa Fe Avenue, Suite 201
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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James B. Betts (State Bar #110222)
Joseph D. Rubin (State Bar #149920)

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Attorneys for Defendant CITY OF FRESNO

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GEORGESON, BELARDINELLI AND NOYES
7060 N Fresno Street, Suite 250
Fresno, California 93720

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C. Russell Georgeson (State Bar # 53590)

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ATTORNEYS FOR DEFENDANTS ASHLEY SWEARENGIN,
MARK SCOTT, BRUCE RUDD, GREG BARFIELD,
JERRY DYER, PHILLIP WEATHERS, GREGORY GARNER,
RAUL BOMBARDLY, LUIS CASTELLANOS, SU FANG
AND RICK MENDIZABAL

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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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LUIS SANCHEZ, ANGELITA SOTO,
GLORIA WILLIAMS, THERESA CALMER,
JULIAN FERNANDEZ, MELISSA OHLER,
and JOSHUA DEEN,
Plaintiffs,

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vs.
CITY OF FRESNO, ASHLEY SWEARENGIN,
MARK SCOTT, BRUCE RUDD, GREG
BARFIELD, JERRY DYER, PHILLIP
WEATHERS, MALCOLM DOUGHERTY,
GREGORY GARNER, RAUL BOMBARDLY,
LUIS CASTELLANOS, SU FANG, RICK
MENDIZABAL and DOES 1 through 100,
inclusive,
Defendants.

Case No.: 1:12-cv-00428-LJO-SKO
And Related Consolidated Cases
STIPULATION TO EXTEND TIME
TO FILE DISPOSITIVE MOTIONS;
ORDER THEREON

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Plaintiffs and Defendants, by and through their counsel of record, hereby stipulate and agree
as follows:
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The parties have worked diligently to complete discovery, including voluminous

depositions of the parties and percipient witnesses;
2.

The parties are meeting and conferring to address and resolve multiple issues that

could reduce the scope of issues to be tried, including:
A.

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Plaintiff’ potential motion for partial summary judgment re City of Fresno

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policies and practices under Monell in conducting clean-ups of homeless

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encampments; and
B.

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Defendants’ potential motion for partial summary judgment re Plaintiffs’

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substantive due process and equal protection claims, as well as causes of

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action under California Civil Rule Section 52.1, and for Intentional Infliction

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of Emotional Distress and the Individual Defendants’ defense of qualified

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immunity.

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3.

The parties have exchanged written meet and confer correspondence, proposed

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factual stipulations and prepared undisputed facts, and are in the process of analyzing and

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responding to those exchanges. The parties are also meeting and conferring to attempt to streamline

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the summary judgment process to avoid the need to file over thirty (30) separate dispositive

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motions.

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Based upon the foregoing, and for good cause appearing, the parties stipulate and agree to

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extend the dispositive motion cut-off, as set forth in this Court’s Amended Scheduling Order, from

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December 31, 2013 to January 31, 2014.

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DATED: DECEMBER 23, 2013

ARNOLD & PORTER LLP

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By: /s/ Paul Alexander
Paul Alexander
Attorneys for Plaintiffs

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Dated: December 23_, 2013

BETTS, RUBIN & MCGUINNESS

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By: /s/ James B. Betts
James B. Betts
Attorneys for Defendant City of Fresno

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Dated: December 23, 2013
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GEORGESON, BELARDINELLI & NOYES

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By /s/ C. Russell Georgeson
C. Russell Georgeson
Attorneys for Defendants Ashley Swearengin,
Mark Scott, Bruce Rudd, Greg Barfield,
Jerry Dyer, Phillip Weathers, Gregory Garner,
Raul Bombardly, Luis Castellanos, Su Fang and
Rick Mendizabal

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ORDER

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This Court ENTERS this order based on the parties' above stipulation and ADMONISHES
the parties to comply with summary judgment requirements of this Court's April 2, 2013 order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 23, 2013

UNITED STATES DISTRICT JUDGE

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