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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1 2 3 4 5 Stanley S. Ma, #188539 Attorney at Law 2224 N. Fine Ave., Ste. 103 Fresno, California 93727 Telephone: (559) 490-1313 Facsimile: (559) 490-7555 Attorneys for Plaintiff: 6 7 TINA MA, an individual and successor in Interest of JOSEPH MA 8 9 UNITED STATES DISTRICT COIURT 10 11 EASTERN DISTRICT OF CALIFORNIA -oOo- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TINA MA, an individual and successor in Interest of JOSEPH MA, ) ) ) Plaintiff, ) ) ) vs. ) ) CITY OF FRESNO; CHIEF OF POLICE ) JERRY DYER; in his individual and official ) capacities; and Does 2-50, inclusive, ) ) Defendants. ) ) __________________________________________) 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 [Pleading Title] - 1 1 and manage my own calendar on my cell phone. That sometime after the matter 2 was placed in my calendar, I took my cell phone into the Apple store for a 3 screen repair. However, when I went to retrieve my phone, the store agent 4 informed me that all the information was lost and as such they provided me a 5 new phone. 6 calendar information contained in a separate 3rd party application was lost. 7 Immediately after learning of the loss of information, I made my best effort 8 to replicate my calendar. Even so, my calendar was not 100% replicated. 9 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 10 were lost or damaged during a break-in on August 15, 2017. On that occasion, 11 an intruder broke into my office only gaining access to my reception area and 12 was only able to take stationary, my notebook and other small office 13 supplies. A Police report documenting the break-n was made by me. 14 because of the two issues above, my calendar and notes were not available to 15 remind to file the Pre-Trial Conference Statement by September 11, 2017. That 16 after being emailed by the courtroom deputy regarding my statement, I began 17 working on the document immediately, and subsequently contacting opposing 18 counsel to address some issues required in my statement. That because of 19 several other matters and court appearances, the earliest I could complete 20 the document was by September 14, 2017. 21 my delay but was informed by him he would still be able to file a timely Pre- 22 Trial Conference Statement. 23 That That I informed opposing counsel of The late filing was not done for purposes of delay, and there is no 24 prejudice to the Defendants. For these reasons, I respectfully request that 25 the Court accept the late filing of Plaintiff’s Pre-Trial Conference 26 Statement. 27 I certify that on September 14, 2017, I electronically filed the 28 foregoing with the Clerk of the Court by using the CM/ECF system, which will [Pleading Title] - 2 1 send notice of electronic filing giving notice to opposing counsel of this 2 request to file a late Pre-Trial Conference Statement. /S/ STANLEY S. MA 3 DATED: 9/14/17 4 _____________________________________ STANLEY S. MA, ATTORNEY FOR PLAINTIFF 5 6 7 IT IS SO ORDERED. 8 Plaintiff’s Pre-Trial Conference Statement shall be deemed timely 9 filed. 10 Dated: September 18, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Pleading Title] - 3

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