Graff et al v. City of Tehachapi et al

Filing 30

AMENDED ORDER GRANTING 28 Stipulation to Continue Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 9/22/2014. Initial Scheduling Conference CONTINUED to 11/6/2014 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

Samuel J. Wells SBN 48851
1
Donna Cox Wells SBN 162797
LAW OFFICES OF SAMUEL J. WELLS, A PROFESSIONAL CORPORATION
2
11661 San Vicente Boulevard, Suite 500
Los Angeles, California 90049-5113
3
310. 207.4456
310.207.5006 Telefax
4
[e-mail]
5
Stephen F. Danz SBN 68318
Danz & Associates
6
11661 San Vicente Boulevard, Suite 500
Los Angeles, California 90049-5113
7
310-207-4568
8
Attorneys for Plaintiffs
RICK DISNEY AND PETER GRAFF
9
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
13
RICK DISNEY an individual; and PETER
GRAFF, an individual;
14
15

Plaintiffs,

CASE NO: 1:14-CV-0095-LJO-JLT
AMENDED ORDER GRANTING
STIPULATION TO CONTINUE
SCHEDULING CONFERENCE

v.
16
CITY OF TEHACHAPI, a municipality; Jeff
17
Kermode, Chief of Police; Kevan Empey, an
individual; Scott Kecham, an individual; Mike
18
Christian, an individual; and DOES 1-11,
Defendants.
19

(Doc. 28)

20
21
22
23

IT IS HEREBY STIPULATED, by and between Plaintiffs Disney and Graff and the

24
Defendant City of Tehachapi, acting by and through their respective attorneys of record, as
25
follows:
26
1.
The current Mandatory Scheduling Conference is set for October 22, 2014.
27
2.
Counsel for Plaintiffs has had an extremely busy calendar over the last 30 days.
28
3.
Counsel for Plaintiffs and counsel for City have been meeting and conferring

regarding the Mandatory Scheduling Conference Joint Statement over the past two weeks.
1
2

4.

Counsel for Plaintiffs is currently attempting service of the Summons and Second

Amended Complaint upon the individual Defendants in this action, who have not yet been served.
3
4

5.

Counsel for Plaintiffs suffered damage to his lower front teeth, including the

breaking off of one tooth, approximately August 31, 2014. He had a temporary repair done on
5
September 2, 2014, which failed on approximately September 3, 2014. It was again temporarily
6
repaired on September 4, 2014.
7
8

6.

Counsel was in trial from September 8, 2014 through September 12, 2014.

9

7.

The temporary repair failed again on September 16, 2014. Counsel for Plaintiffs

again
10 consulted the dentist on September 17, 2014, and underwent the first of three 2-hour dental
surgeries on September 18, 2013.
11
12

8.

These problems interfered with the ability of counsel for Plaintiffs to complete the

Mandatory Scheduling Conference Joint Statement.
13
14

9.

Counsel for Defendant City and counsel for Plaintiffs believe that a continuance of

approximately two weeks will allow for service of process on the remaining individual defendants
15
and
16 a more careful completion of the Mandatory Scheduling Conference Joint Statement.
17

10.

For these reasons, counsel for Plaintiffs has requested and the Council for

Defendant City has agreed to this stipulation to continue the Mandatory Scheduling Conference
18
for
19 at least four weeks to October 20, 2014, or such other day as is convenient to the Court’s
20
21
22
23
24
25
26
27
28

calendar. They further stipulate that the Mandatory Scheduling Conference Joint Statement be
1
filed two weeks before the Mandatory Scheduling Conference.
2
3
Dated: September 18, 2014
4

Samuel J. Wells, A.P.C.

5
6
____________________________
Attorneys for Plaintiffs, Rick Disney and
Peter Graff

7
8
9
Dated: September 18, 2014
10

Liebert Cassidy Whitmore
A Professional Law Corporation

11
12
____________/s/________________
Jesse J. Maddox, SBN 29091
Attorneys for Defendant City of Tehachapi

13
14
15

ORDER

16
Good cause appearing, the scheduling conference is CONTINUED to November 6,
17
18
19

2014 at 9:30 a.m. The joint scheduling conference statement SHALL be filed no later than
October 29, 2014. Telephonic appearances via the CourtCall service are authorized.

20 IS SO ORDERED.
IT
21
Dated:
September 22, 2014
22
23
24
25
26
27
28

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE