Engert v. Stanislaus County et al

Filing 206

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on May 15, 2015. Pretrial Conference currently set for 6/25/2015 has been CONTINUED to 7/9/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Munoz, I)

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Sean D. O’Dowd SBN 296320
GOYETTE & ASSOCIATES
2366 Gold Meadow Way Ste 200
Gold River, CA 95670
Tel: [phone]
Fax: [phone]

Richard H. Schoenberger SBN 122190
Spencer J. Pahlke, SBN 250914
WALKUP, MELODIA, KELLY &
SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]

Attorney for Defendant SERGEANT MANUEL
MARTINEZ

Attorneys for Plaintiffs IRINA ENGERT,
ANNE ENGERT, and RON ENGERT

Bruce A. Kilday, SBN 66415
Amie C. McTavish, SBN 242372
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue Suite 150
Sacramento, CA 958625
Tel: [phone]
Fax: [phone]

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A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 099180
John R. Whitefleet, SBN 213301
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
Tel: [phone]
Fax: [phone]

Attorney for Defendants DEPUTY MICHAEL
GLINSKAS and ESTATE OF ROBERT PARIS,
JR

Attorneys
for
Defendant
COUNTY
OF
STANISLAUS,
SHERIFF
ADAM
CHRISTIANSON and LIEUTENANT CLIFF
HARPER
Jesse M. Rivera, SBN 84259
Jill B. Nathan, SBN 186136
RIVERA & ASSOCIATES
2180 Harvard St Ste 310
Sacramento, CA 95815
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant SERGEANT MANUEL
MARTINEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRINA ENGERT, ANNE ENGERT, and RON
ENGERT, Individually and as Successors-inInterest to Glendon Engert,

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Case No.: 1:13-CV-00126-LJO-BAM
STIPULATION TO CONTINUE FINAL
PRETRIAL CONFERENCE; ORDER

Plaintiffs,
vs.

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STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE; ORDER
{01403940.DOC}

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STANISLAUS COUNTY; SHERIFF ADAM
CHRISTIANSON; ROBERT LEE PARIS, SR.
and ELIZABETH JANE PARIS, PERSONAL
REPRESENTATIVES TO THE ESTATE OF
DEPUTY SHERIFF ROBERT LEE PARIS,
JR.; DEPUTY MICHAEL GLINSKAS;
SERGEANT
MANUEL
MARTINEZ;
LIEUTENANT
CLIFF
HARPER;
RT
FINANCIAL, INC.; RONI ROBERTS; and
DOES
ONE
through
TWENTY-FIVE,
inclusive,
Defendants.
/

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TO THE COURT, TO ALL PARTIES, AND TO THEIR COUNSEL OF RECORD:

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Pursuant to Local Rule 143, Plaintiffs IRINA, RON and ANNE ENGERT (“Plaintiffs”) and

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Defendants COUNTY OF STANISLAUS, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL

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MARTINEZ, DEPUTY MICHAEL GLINSKAS and the ESTATE OF DEPUTY ROBERT LEE

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PARIS (“Defendants”), by and through their undersigned counsel, hereby stipulate as follows:
1.

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Briefing on Defendants’ three Motions for Summary Judgment, or in the alternative,

Summary Adjudication, is now complete.
2.

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On April 17, 2015, the District Court issued a Minute Order vacating the hearing on the

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three for Summary Judgment, or in the alternative, Summary Adjudication (Dckt. No. 191).

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District Court took the Motions for Summary Judgment, or in the alternative, Summary Adjudication

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under submission pursuant to Eastern District Local Rule 230(g).
3.

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The

The Final Pretrial Conference is currently scheduled for June 25, 2015 before the

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Honorable District Court Judge Lawrence J. O’Neill. In accordance with the Pretrial Scheduling Order

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and Standing Orders, counsel for the Parties have commenced their meet and confer effort regarding

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the Joint Pretrial Conference. In addition to the preparation of other trial related documents, by the

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Parties’ calculation, Plaintiffs must transmit their draft Joint Pretrial Statement to Defendants on or

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before June 11, 2015. Defendants must complete their portion of the Joint Pretrial Statement and the

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Parties must finalize that document for filing no later than June 18, 2015.

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STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE; ORDER
{01403940.DOC}

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4.

In light of the volume of the three Motions for Summary Judgment, or in the alternative,

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Summary Adjudication, the Oppositions and Replies thereto, and evidence submitted by the Parties in

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support of their respective positions, counsel for the Parties are cognizant that additional time may be

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necessary to complete review of those papers prior to the issuance of a ruling on the Motions by the

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District Court. Likewise, the Parties in good faith believe that the issuance of a ruling and Order on the

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three Motions for Summary Judgment would help define the scope of the claims and issues for the

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Parties to address as part of their preparation for the Final Pretrial Conference, including but not limited

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to preparation of the Joint Pretrial Statement, Jury Instructions, Motions in Limine and Exhibits and

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Exhibit Lists.
5.

Based on the above, the Parties stipulate to and request a short continuance of the Final

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Pretrial Conference to allow additional time for the issuance of an Order on the Motions for Summary

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Judgment, or in the Alternative, Summary Adjudication.

The Parties propose the following changes:

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Deadline

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Plaintiffs’’ Draft Joint Pretrial June 11, 2015
Statement to be transmitted to
Defendants

June 25, 2015

Defendants’
Draft
Joint June 18, 2015
Pretrial Statement to be
transmitted to Plaintiffs and
filing
of
Joint
Pretrial
Statement with District Court
Final Pretrial Conference
June 25, 2015

July 2, 2015

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Current Date:

Proposed New Date:

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July 9, 2015

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Respectfully submitted,

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Dated: May 14, 2015

WALKUP, MELODIA, KELLY & SCHOENBERGER
By

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/s/ Richard H. Schoenberger (as authorized 5/14/15)
Richard H. Schoenberger
Spencer J. Pahlke
Attorneys for Plaintiffs
IRINA ENGERT, ANNE ENGERT, and RON ENGERT

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STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE; ORDER
{01403940.DOC}

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Dated: May 13, 2015

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PORTER SCOTT
A PROFESSIONAL CORPORATION
By

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/s/ John R. Whitefleet
Terence J. Cassidy
John R. Whitefleet
Lauren E. Calnero
Attorneys for Defendants
COUNTY OF STANISLAUS; SHERIFF ADAM
CHRISTIANSON; LIEUTENANT CLIFF HARPER

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Dated: May 13, 2015

RIVERA & ASSOCIATES

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By

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Dated: May 13, 2015

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__/s/ Jesse M. Rivera (as authorized May 13, 2015)
Jesse M. Rivera
Jill B. Nathan
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

GOYETTE & ASSOCIATES
By

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__/s/ Sean D. O’Dowd (as authorized May 13, 2015)
Sean D. O’Dowd
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: May 13, 2015

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ANGELO, KILDAY & KILDUFF, LLP
By

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__/s/ Bruce K. Kilday (as authorized May 13, 2015)
Bruce Kilday
Amie McTavish
Attorney for Defendants
DEPUTY MICHAEL GLINSKAS and ESTATE OF
DEPUTY ROBERT PARIS, JR

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STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE; ORDER
{01403940.DOC}

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ORDER

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Having reviewed the above Stipulation, and good cause appearing,

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IT IS HEREBY ORDERED that the Final Pretrial Conference be continued to July 9, 2015.

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Plaintiffs will transmit their draft of the Joint Pretrial Statement on June 25, 2015.

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transmit their modifications to the draft Joint Pretrial Statement on July 2, 2015, and the Joint Pretrial

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Statement will be filed no later than July 2, 2015.

Defendants will

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 15, 2015

UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE; ORDER
{01403940.DOC}