McClintic et al v. United States Postal Service et al

Filing 46

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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1 2 3 4 5 6 7 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 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 11 12 13 14 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, 15 16 17 18 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, 19 Defendants. 20 IT IS HEREBY STIPULATED by and between the parties, Plaintiffs, JOSEPH 21 ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A. 22 HUBBELL, and MARLENE A. HUBBELL in her capacity as co-Trustee of the JOSEPH 23 ROBERT McCLINTIC LIVING TRUST (collectively referred to as “Plaintiffs”) and 24 Defendant BERTHA CERVANTES (“Defendant”, and collectively referred to herein as “the 25 Parties”), by and through their respective attorneys of record as follows: 26 1. The purpose for this Stipulation is because Plaintiffs’ counsel, Bonnie J. 27 Anderson and Anderson Law Offices, PC, will be withdrawing from representation of 28 Plaintiffs in this action and the Stipulation to Continue the hearing on Defendant’s Motion to 1 Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss … 1 Dismiss and to continue the January 8, 2014 Scheduling Conference will provide sufficient 2 time for Plaintiffs to retain new counsel and for that counsel to become familiar with this 3 action, prepare an opposition to the pending Motion to Dismiss and prepare a further amended 4 Joint Scheduling Conference Statement with Defendant’s counsel. 2. 5 Defendant’s Motion to Dismiss, currently set for hearing on December 5, 2013, 6 at 8:30 a.m., in Courtroom 4, is continued to February 6, 2014, at 8:30 a.m., in Courtroom 4. 7 Plaintiffs’ opposing papers will be due not less than 14 calendar days prior to the date of the 8 continued hearing of February 6, 2014. 3. 9 The continued Scheduling Conference currently set for January 8, 2014, at 10 10:00 a.m., in Courtroom 10, is continued to February 26, 2014, at 10:00 a.m., in Courtroom 11 10. The Parties will also file an Amended Joint Scheduling Conference Statement at least one 12 week prior to the continued scheduling Conference date. 4. 13 The Parties also agree that, should any of the above-referenced proposed dates 14 be inconvenient or unacceptable for any reason, the Court has the discretion to set other dates 15 which are more convenient or acceptable. However, counsel request that, in any event, the 16 current proposed dates in this matter be continued to a time that is at least after February 5, 17 2014. 18 Dated: November 15, 2013. ANDERSON LAW OFFICES, PC 19 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 20 21 22 23 24 25 Dated: November 15, 2013. LAW OFFICE OF JACOB J. RIVAS 26 By: /S/ Jacob J. Rivas JACOB J. RIVAS Attorney for Defendant BERTHA CERVANTES 27 28 / / / 2 Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss … ORDER 1 2 3 4 The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby issues an Order to: 1. Continue the hearing on Defendant BERTHA CERVANTES’ Motion to 5 Dismiss from December 5, 2013 at 8:30 a.m., to February 6, 2014, at 8:30 a.m., with Plaintiffs’ 6 opposing papers to be filed and served not less than 14 calendar days prior to the continued 7 hearing date; and, 8 2. 9 10 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. 11 IT IS SO ORDERED. 12 13 Dated: November 18, 2013 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and [Proposed] Order To Continue Hearing on Motion to Dismiss …

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