Rodriguez, et al. v. City of Fresno, et al.

Filing 27

ORDER signed by Senior Judge William B. Shubb on 9/18/17, ORDERING that Plaintiff's Pre-Trial Conference Statement shall be deemed timely filed. (Kastilahn, A)

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Stanley S. Ma, #188539
Attorney at Law
2224 N. Fine Ave., Ste. 103
Fresno, California 93727
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff:

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TINA MA, an individual and successor in
Interest of JOSEPH MA

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UNITED STATES DISTRICT COIURT

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EASTERN DISTRICT OF CALIFORNIA
-oOo-

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TINA MA, an individual and successor in
Interest of JOSEPH MA,

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Plaintiff,
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vs.
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CITY OF FRESNO; CHIEF OF POLICE
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JERRY DYER; in his individual and official
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capacities; and Does 2-50, inclusive,
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Defendants.
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__________________________________________)

Case No. 1:15-cv-01426 WBS-MJS
PLAINTIFF’S REQUEST TO
ALLOW LATE PRE-TRIAL
CONFERENCE STATEMENT
FILING ; ORDER

Comes the Plaintiff, TINA MA, by counsel, STANLEY S. MA, Attorney at
LAW, and moves the Court to accept the late filing of Plaintiff’s Pre-Trial
Conference Statement. As grounds for its motion, Plaintiff’s counsel submits
that he was made aware the Pre-Trial Conference Statement requirement. As
such, the matter was placed on my personal calendar on my cellphone with a
back-up reminder at my reception office desk. That I am a solo practitioner

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and manage my own calendar on my cell phone. That sometime after the matter

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was placed in my calendar, I took my cell phone into the Apple store for a

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screen repair. However, when I went to retrieve my phone, the store agent

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informed me that all the information was lost and as such they provided me a

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new phone.

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calendar information contained in a separate 3rd party application was lost.

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Immediately after learning of the loss of information, I made my best effort

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to replicate my calendar. Even so, my calendar was not 100% replicated.

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compound matters, several reminder notes for cases I had at my reception desk

That even though I backed-up most off my information, all of my

To

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were lost or damaged during a break-in on August 15, 2017. On that occasion,

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an intruder broke into my office only gaining access to my reception area and

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was only able to take stationary, my notebook and other small office

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supplies. A Police report documenting the break-n was made by me.

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because of the two issues above, my calendar and notes were not available to

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remind to file the Pre-Trial Conference Statement by September 11, 2017. That

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after being emailed by the courtroom deputy regarding my statement, I began

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working on the document immediately, and subsequently contacting opposing

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counsel to address some issues required in my statement. That because of

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several other matters and court appearances, the earliest I could complete

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the document was by September 14, 2017.

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my delay but was informed by him he would still be able to file a timely Pre-

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Trial Conference Statement.

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That

That I informed opposing counsel of

The late filing was not done for purposes of delay, and there is no

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prejudice to the Defendants.

For these reasons, I respectfully request that

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the Court accept the late filing of Plaintiff’s Pre-Trial Conference

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Statement.

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I certify that on September 14, 2017, I electronically filed the

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foregoing with the Clerk of the Court by using the CM/ECF system, which will

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send notice of electronic filing giving notice to opposing counsel of this

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request to file a late Pre-Trial Conference Statement.
/S/ STANLEY S. MA

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DATED: 9/14/17

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_____________________________________
STANLEY S. MA, ATTORNEY FOR PLAINTIFF

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IT IS SO ORDERED.

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Plaintiff’s Pre-Trial Conference Statement shall be deemed timely

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filed.

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Dated:

September 18, 2017

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