Hilton v. Twain Harte Community Services District

Filing 28

STIPULATION and ORDER GRANTING the parties' request for a continuance of the dispositive motion(s) deadline from 4/7/2014 to 4/14/2014; response(s) due by 4/30/2014; reply(ies) thereto due by 5/7/2014, and the dispositive motion hearing deadline is continued to 5/14/2014. Order signed by Magistrate Judge Sandra M. Snyder on 4/2/2014. (Rooney, M)

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JAMES K. WARD, ESQ. (SBN 117639)
DANIEL P. JAY, ESQ. (SBN 215860)
EVANS, WIECKOWSKI & WARD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TWAIN HARTE COMMUNITY SERVICES DISTRICT
PUBLIC ENTITY-FILING FEE WAIVED

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE HILTON ,

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Plaintiff,
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vs.
TWAIN HARTE COMMUNITY
SERVICES DISTRICT, and DOES ONE
THROUGH TWENTY, Inclusive,
Defendants,

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Case No. 1:12-CV-1360 SMS
STIPULATION OF THE PARTIES AND
ORDER RE: ADJUSTED SCHEDULING
ORDER

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IT IS HEREBY STIPULATED by Plaintiff, YVONNE HILTON, by and through her

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attorneys, and Defendant, TWAIN HARTE COMMUNITY SERVICES DISTRICT, by and

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through its attorneys, that the pre-trial scheduling order will be adjusted as set forth below in

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order to allow the parties to complete depositions in this matter and have them available for use

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in the dispositive motion proceedings. The parties stipulate that:
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The dispositive motion filing deadline will be adjusted from April 7, 2014 to

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April 14, 2014;

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STIPULATION OF THE PARTIES AND ORDER - 1

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The opposition brief filing deadline will be adjusted from April 23, 2014 to April
30, 2014;

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2014; and

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The reply brief filing deadline will be adjusted from April 30, 2014 to May 7,

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The hearing date for dispositive motions will be adjusted from May 7, 2014 to
May 14, 2014 at 1:00 p.m.

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The parties submit that good cause exists to adjust the scheduling order in the manner set
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forth above because, due to a discovery dispute, Plaintiff has not been able to complete the

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deposition of Defendant’s former general manager and Plaintiff will need this deposition

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completed in order to oppose the dispositive motion contemplated by Defendant. Therefore, the

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parties request that the Court adjust the pre-trial scheduling order as set forth above.

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IT IS SO STIPULATED.
Dated: April 2, 2014

EVANS, WIECKOWSKI & WARD, LLP

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/s/ Daniel Jay
___________________________________
JAMES K. WARD
DANIEL JAY
Attorneys for Defendant TWAIN HARTE
COMMUNITY SERVICES DISTRICT

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Dated: April 2, 2014

LAW OFFICES OF RICHARD N. KOSS
/s/ Richard N. Koss
___________________________________
RICHARD N. KOSS
Attorney for Plaintiff YVONNE HILTON

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STIPULATION OF THE PARTIES AND ORDER - 2

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DECLARATION OF DANIEL JAY
I, Daniel Jay, do hereby declare and say the following:

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1.

I am one of the attorneys of record for Defendant in the above-entitled action. I

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have prepared this Declaration as evidence in support of the parties’ stipulation and request to

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this Court to adjust the pre-trial scheduling order. The facts stated in the stipulation set forth

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above are true and correct and based upon my personal knowledge.

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I declare under the penalty of perjury under the laws of the United States of America that
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the facts stated above in the stipulation of the parties is true and correct. This Declaration was
executed on April 2, 2014 in Sacramento, California.

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/s/ Daniel Jay
_____________________________

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DECLARATION OF RICHARD KOSS
I, Richard Koss, do hereby declare and say the following:

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1.

I am one of the attorneys of record for Plaintiff in the above-entitled action. I

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have prepared this Declaration as evidence in support of the parties’ stipulation and request to

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this Court to adjust the pre-trial scheduling order. The facts stated in the stipulation set forth

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above are true and correct and based upon my personal knowledge.

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I declare under the penalty of perjury under the laws of the United States of America that

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the facts stated above in the stipulation of the parties is true and correct. This Declaration was
executed on April 2, 2014 in Redwood City, California.
/s/ Richard Koss
_____________________________

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STIPULATION OF THE PARTIES AND ORDER - 3

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ORDER
Based upon the stipulation of the parties and good cause appearing, the Court orders that

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the pre-trial scheduling order be adjusted as follows:
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The dispositive motion filing deadline will be adjusted from April 7, 2014 to
April 14, 2014;

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

The opposition brief filing deadline will be adjusted from April 23, 2014 to April

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30, 2014;
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The reply brief filing deadline will be adjusted from April 30, 2014 to May 7,
2014; and

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The hearing date for dispositive motions will be adjusted from May 7, 2014 to

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May 14, 2014 at 1:00 p.m.
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IT IS SO ORDERED.

April 2, 2014

Dated:

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF THE PARTIES AND ORDER - 4