Souliotes v. City of Modesto et al

Filing 41

STIPULATION and ORDER Extending Time to File Amended Complaint and Pleading in Response thereto and Taking December 15, 2015 Motion off Calendar signed by District Judge Lawrence J. O'Neill on 12/02/2015. Amended Complaint due by 12/11/2015, Response due by 1/28/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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GEORGE SOULIOTES,

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Case No. 1:15-CV-00556-LJO-SKO

Plaintiff,
v.
CITY OF MODESTO; MODESTO
POLICE DEP’T; MODESTO FIRE
DEP’T; SGT. MIKE HARDEN; DET.
ROGER LEE; DET. DICK RIDENOUR;
DET. JOHN BUEHLER; DET. DODGE
HENDEE; OFFICER JOE PIMENTEL;
INVESTIGATOR BOB EVERS;
INVESTIGATOR TOM REUSCHER;
and DOES 1-10, INCLUSIVE,

STIPULATION AND ORDER
EXTENDING TIME TO FILE
AMENDED COMPLAINT AND
PLEADING IN RESPONSE
THERETO AND TAKING
DECEMBER 15, 2015 MOTION
OFF CALENDAR
Hearing: December 15, 2015
Time: 8:30 a.m.
Courtroom: 4
The Hon. Lawrence J. O’Neill

Defendants.

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TO THE HONORABLE COURT:
WHEREAS the defendants filed a motion to dismiss and for judgment on the pleadings on
November 13, 2015 (Dkt. No. 34); and

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WHEREAS, based on the December 15, 2015 hearing date, the plaintiff’s opposition is
due on or before December 1, 2015 pursuant to Eastern District Local Rule 230(c); and
WHEREAS plaintiff intends to file an amended complaint in accordance with Federal
Rule of Civil Procedure 15(a)(1)(B) no later than December 11, 2015; and
WHEREAS permitting plaintiff to file an amended complaint will further the just, speedy
and efficient resolution of this action; and
WHEREAS lead defense counsel’s schedule will not permit him to file a responsive

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pleading to the plaintiff’s amended complaint before the end of January 2016.
IT IS HEREBY STIPULATED that the plaintiff will have until December 11, 2015 to file
an amended complaint. Defendants will then have until January 28, 2016 to file a responsive
STIPULATION AND ORDER

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pleading to the amended complaint. The pending motion shall be taken off the calendar based on

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the plaintiff’s intended filing of an amended complaint, and it will be the parties’ responsibility to

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place the motion back on the calendar if the plaintiff does not file an amended complaint by

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December 23, 2015. In light of the foregoing, the dates presently designated as the deadline for
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filing the parties’ joint scheduling report and the scheduling conference (Dkt. No. 37) shall be reset as the Court deems appropriate.
DATED:

Respectfully submitted,

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Loevy & Loevy
Law Office of Kevin G. Little

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By:_/s/ Rachel Steinback________________
Rachel Steinback
Attorneys for Plaintiff
George Souliotes

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City of Modesto, Office of the City Attorney
Meyers, Nave, Riback, Silver & Wilson

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By:_/s/ Blake Loebs________________
Blake P. Loebs
Attorneys for Defendants
City of Modesto; Chief Mike Harden; Det.
Roger Lee; Det. Dick Ridenour; Det. Jon
Buehler; Det. Dodge Hendee; Officer Joe
Pimentel; Captain Bob Evers; and Captain
Tom Reuscher

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GOOD CAUSE APPEARING, the above Stipulation is accepted and adopted as the Order of this
Court.

IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

December 2, 2015

UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER

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