McClintic et al v. United States Postal Service et al
Filing
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STIPULATION and ORDER TO CONTINUE HEARING ON MOTION TO DISMISS AND SCHEDULING CONFERENCE signed by District Judge Lawrence J. O'Neill on November 18, 2013. Scheduling Conference currently set for 1/8/2014 has been CONTINUED to 2/26/2014 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. 41 MOTION to DISMISS currently set for 12/5/2013 has been CONTINUED to 2/6/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Munoz, I)
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BONNIE J. ANDERSON, SBN 192210
ANDERSON LAW OFFICES, PC
Post Office Box 25776
401 West Fallbrook Avenue, Suite 102
Fresno, California 93729-5776
Telephone: (559) 840-2830
Facsimile: (559) 840-1822
Email: bonnie@bjalaw.com
Attorneys for Plaintiffs,
JOSEPH ROBERT McCLINTIC, an individual, by and through his
Guardian ad Litem, MARLENE A. HUBBELL, and MARLENE A.
HUBBELL in her capacity as co-trustee of the JOSEPH ROBERT
McCLINTIC LIVING TRUST
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION
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JOSEPH ROBERT McCLINTIC, an
individual, by and through his Guardian ad
Litem, MARLENE A. HUBBELL, and
MARLENE A. HUBBELL in her capacity as
co-trustee of the JOSEPH ROBERT
McCLINTIC LIVING TRUST,
Plaintiffs,
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Case No. 1:13-cv-00439-LJO-GSA
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING
ON MOTION TO DISMISS AND
SCHEDULING CONFERENCE
vs.
UNITED STATES POSTAL SERVICE;
BERTHA CERVANTES, individually and in
her official capacity; and DOES 1 THROUGH
50, inclusive,
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Defendants.
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IT IS HEREBY STIPULATED by and between the parties, Plaintiffs, JOSEPH
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ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A.
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HUBBELL, and MARLENE A. HUBBELL in her capacity as co-Trustee of the JOSEPH
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ROBERT McCLINTIC LIVING TRUST (collectively referred to as “Plaintiffs”) and
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Defendant BERTHA CERVANTES (“Defendant”, and collectively referred to herein as “the
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Parties”), by and through their respective attorneys of record as follows:
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1.
The purpose for this Stipulation is because Plaintiffs’ counsel, Bonnie J.
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Anderson and Anderson Law Offices, PC, will be withdrawing from representation of
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Plaintiffs in this action and the Stipulation to Continue the hearing on Defendant’s Motion to
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Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss …
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Dismiss and to continue the January 8, 2014 Scheduling Conference will provide sufficient
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time for Plaintiffs to retain new counsel and for that counsel to become familiar with this
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action, prepare an opposition to the pending Motion to Dismiss and prepare a further amended
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Joint Scheduling Conference Statement with Defendant’s counsel.
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Defendant’s Motion to Dismiss, currently set for hearing on December 5, 2013,
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at 8:30 a.m., in Courtroom 4, is continued to February 6, 2014, at 8:30 a.m., in Courtroom 4.
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Plaintiffs’ opposing papers will be due not less than 14 calendar days prior to the date of the
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continued hearing of February 6, 2014.
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The continued Scheduling Conference currently set for January 8, 2014, at
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10:00 a.m., in Courtroom 10, is continued to February 26, 2014, at 10:00 a.m., in Courtroom
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10. The Parties will also file an Amended Joint Scheduling Conference Statement at least one
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week prior to the continued scheduling Conference date.
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The Parties also agree that, should any of the above-referenced proposed dates
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be inconvenient or unacceptable for any reason, the Court has the discretion to set other dates
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which are more convenient or acceptable. However, counsel request that, in any event, the
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current proposed dates in this matter be continued to a time that is at least after February 5,
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2014.
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Dated: November 15, 2013.
ANDERSON LAW OFFICES, PC
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By:
/S/ Bonnie J. Anderson
BONNIE J. ANDERSON
Attorneys for Plaintiffs, JOSEPH ROBERT
McCLINTIC, an individual, by and through his
Guardian ad Litem, MARLENE A. HUBBELL,
MARLENE A. HUBBELL in her capacity as
co-Trustee of the JOSEPH ROBERT
McCLINTIC LIVING TRUST
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Dated: November 15, 2013.
LAW OFFICE OF JACOB J. RIVAS
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By:
/S/ Jacob J. Rivas
JACOB J. RIVAS
Attorney for Defendant BERTHA CERVANTES
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/ / /
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Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss …
ORDER
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The Court, having reviewed the Stipulation of the Parties and finding good cause,
hereby issues an Order to:
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Continue the hearing on Defendant BERTHA CERVANTES’ Motion to
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Dismiss from December 5, 2013 at 8:30 a.m., to February 6, 2014, at 8:30 a.m., with Plaintiffs’
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opposing papers to be filed and served not less than 14 calendar days prior to the continued
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hearing date; and,
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2.
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Continue the Scheduling Conference from January 8, 2014, at 10:00 a.m., to
February 26, 2014, at 10:00 a.m., with the Parties to file an Amended Joint Scheduling
Conference Statement at least one week prior to the continued scheduling Conference date.
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IT IS SO ORDERED.
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Dated:
November 18, 2013
/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE
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Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss …
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