Palomo v. City of Sanger et al

Filing 30

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/18/15 ORDERING that good cause exists for the continuing of the filing of the parties' Joint Scheduling Conference Report until thirty (30) days after the Court issues an order on Defendants' currently pending Motion to Dismiss 14 & 15 .(Mena-Sanchez, L)

1 Mark K. Kitabayashi, SBN 125822
[e-mail]
2 Jenell A. Van Bindsbergen, SBN 188540
[e-mail]
3 Roy C. Santos, SBN 259718
[e-mail]
4 LOZANO SMITH
7404 N. Spalding Avenue
5 Fresno, CA 93720-3370
Tel: [phone]
6 Fax: [phone]
7 Attorneys for City of Sanger, Mayor Joshua
Mitchell and City Manager Brian Haddix
8
9

LOZANO SMITH
7404 N. Spalding Avenue Fresno, CA 93720-3370
Tel [phone] Fax [phone]

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12 ELLEN PALOMO,
13

Case No. 1:14-CV-01769-SAB

Plaintiff,

14 v.
15 CITY OF SANGER, a municipal corporation;
CITY OF SANGER MAYOR JOSHUA
16 MITCHELL, in his official capacity and as an
individual; CITY OF SANGER CITY
17 MANAGER BRIAN HADDIX, in his official
capacity and as an individual, et al.,
18
Defendants.
19

[Amended] STIPULATION TO EXTEND
TIME TO FILE JOINT SCHEDULING
CONFERENCE REPORT AND ORDER

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21

IT IS HEREBY STIPULATED AND AGREED, by and between the parties to the above entitled

22 action, through their respective attorneys, that the time for filing the Joint Scheduling Conference Report
23 be continued until thirty (30) days after the Court issues an order on Defendants’ currently pending
24 Motion to Dismiss (Doc. Nos. 14 & 15).
25

IT IS FURTHER STIPULATED and agreed by and between the parties, through their respective

26 attorneys, that good cause exists to continue the time for filing the Joint Scheduling Conference Report
27 since Defendants’ motion to dismiss is still pending and the Court’s order on said motion may
28 significantly alter the claims asserted by Plaintiff or may result in the dismissal of Plaintiff’s action in its
____________________________________________________________________________________________________
-1STIP. TO EXTEND TIME TO FILE JOINT
PALOMO V. CITY OF SANGER, et al.
SCHEDULING CONFERENCE REPORT AND ORDER
Case No.: 1:14-CV-01769-SAB

1

entirety.

The continuance will prevent the parties from needlessly expending monetary and non-

2

monetary resources addressing claims or issues that may no longer be at issue. In addition, good cause

3

exists to grant the continuance since the parties have not previously requested a continuance for the

4

filing of the Joint Scheduling Conference Report.

5
6

DATED: February 18, 2015

LOZANO SMITH

7
/s/ Mark Kitabayashi
Mark Kitabayashi
Jenell Van Bindsbergen
Roy C. Santos
ATTORNEYS FOR DEFENDANTS
City of Sanger, Joshua Mitchell and Brian Haddix

8
9

LOZANO SMITH
7404 N. Spalding Avenue Fresno, CA 93720-3370
Tel [phone] Fax [phone]

10
11
12
13

DATED: February 12, 2015

WALKER TRIAL LAWYERS, LLP

14
15

/s/ Barry M. Walker_______________________
Barry M. Walker
ATTORNEY FOR PLAINTIFF
Ellen Palomo

16
17
18
19
20
21

ORDER
IT IS HEREBY ORDERED, that good cause exists for the continuing of the filing of the
parties’ Joint Scheduling Conference Report until thirty (30) days after the Court issues an order on

22
23
24

Defendants’ currently pending Motion to Dismiss (Doc. Nos. 14 & 15).
Dated: February 18, 2015

25
26
27

Troy L. Nunley
United States District Judge

28
____________________________________________________________________________________________________
-2STIP. TO EXTEND TIME TO FILE
PALOMO V. CITY OF SANGER, et al.
JOINT SCHEDULING CONFERENCE REPORT
Case No.: 1:14-CV-01769-SAB