Graff et al v. City of Tehachapi et al
Filing
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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
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Donna Cox Wells SBN 162797
LAW OFFICES OF SAMUEL J. WELLS, A PROFESSIONAL CORPORATION
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11661 San Vicente Boulevard, Suite 500
Los Angeles, California 90049-5113
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310. 207.4456
310.207.5006 Telefax
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wells@swellslaw.com
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Stephen F. Danz SBN 68318
Danz & Associates
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11661 San Vicente Boulevard, Suite 500
Los Angeles, California 90049-5113
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310-207-4568
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Attorneys for Plaintiffs
RICK DISNEY AND PETER GRAFF
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICK DISNEY an individual; and PETER
GRAFF, an individual;
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Plaintiffs,
CASE NO: 1:14-CV-0095-LJO-JLT
AMENDED ORDER GRANTING
STIPULATION TO CONTINUE
SCHEDULING CONFERENCE
v.
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CITY OF TEHACHAPI, a municipality; Jeff
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Kermode, Chief of Police; Kevan Empey, an
individual; Scott Kecham, an individual; Mike
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Christian, an individual; and DOES 1-11,
Defendants.
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(Doc. 28)
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IT IS HEREBY STIPULATED, by and between Plaintiffs Disney and Graff and the
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Defendant City of Tehachapi, acting by and through their respective attorneys of record, as
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follows:
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1.
The current Mandatory Scheduling Conference is set for October 22, 2014.
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2.
Counsel for Plaintiffs has had an extremely busy calendar over the last 30 days.
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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.
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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.
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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
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September 2, 2014, which failed on approximately September 3, 2014. It was again temporarily
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repaired on September 4, 2014.
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Counsel was in trial from September 8, 2014 through September 12, 2014.
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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.
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8.
These problems interfered with the ability of counsel for Plaintiffs to complete the
Mandatory Scheduling Conference Joint Statement.
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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
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and
16 a more careful completion of the Mandatory Scheduling Conference Joint Statement.
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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
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for
19 at least four weeks to October 20, 2014, or such other day as is convenient to the Court’s
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calendar. They further stipulate that the Mandatory Scheduling Conference Joint Statement be
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filed two weeks before the Mandatory Scheduling Conference.
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Dated: September 18, 2014
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Samuel J. Wells, A.P.C.
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____________________________
Attorneys for Plaintiffs, Rick Disney and
Peter Graff
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Dated: September 18, 2014
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Liebert Cassidy Whitmore
A Professional Law Corporation
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____________/s/________________
Jesse J. Maddox, SBN 29091
Attorneys for Defendant City of Tehachapi
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ORDER
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Good cause appearing, the scheduling conference is CONTINUED to November 6,
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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
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Dated:
September 22, 2014
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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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