Espinoza v. California Highway Patrol et al

Filing 53

STIPULATION and ORDER Continuing the Mid Discovering Status Conference currently set for 4/10/2017 to 5/8/2017 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston, signed by Magistrate Judge Jennifer L. Thurston on 3/31/2017. (Kusamura, W)

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1 LAYFIELD & BARRETT, APC Joseph M. Barrett, Esq. (SBN 143974) 2 633 West 5th Street, Suite 3300 Los Angeles, CA 90071 3 Telephone: (844) 993-3743 Facsimile: (800) 644-9861 4 5 Attorneys for Plaintiff, ERNEST J. ESPINOZA, an individual 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 Telephone: (844) 993-3743; Facsimile: (800) 644-9861 LAYFIELD & BARRETT, APC 69170 IRVINE CENTER DRIVE, SUITE 100, IRVINE, CA 92618 9 10 11 ERNEST J. ESPINOZA, an individual Plaintiff, 12 13 14 15 16 17 18 v. Case No: 1:16-cv-00193-JLT ORDER GRANTING STIPULATION TO CONTINUE THE MID-DISCOVERY STATUS CONFERENCE (Doc. 52) CALIFORNIA HIGHWAY PATROL, a government entity; STATE OF CALIFORNIA, a government entity; CITY OF BAKERSFIELD, a government entity; COUNTY OF KERN, a government entity; OFFICER MATT A. ASHE, an individual; and DOES 1 through 20, inclusive, Defendants. 19 20 21 TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: 22 IT IS HEREBY STIPULATED, by and through said parties and their 23 counsel of record that the Mid-Discovery Status Conference, presently scheduled for 24 April 10, 2017, be continued. Plaintiff has good cause to continue the Mid- 25 Discovery Status Conference for the following reasons: 26 27 28 32 1. Gregory Peacock was Plaintiff’s counsel of record while at Layfield & Barrett, APC but is no longer with the firm. 2. Gregory Peacock is erroneously listed with his new firm Bruno | Nalu on 1 STIPULATION TO CONTINUE MID-DISCOVERY STATUS CONFERENCE 1 the docket of this matter as counsel of record for Plaintiff, however 2 Plaintiff’s case never left Layfield & Barrett, APC. 3 3. Plaintiff will file concurrently with this stipulation a substitution of attorney 4 form from Gregory Peacock to Joseph Barrett of Layfield & Barrett, APC 5 to correct the court docket. 6 4. Further, Plaintiff was released from incarceration on March 6, 2017. 7 5. Since the date of Plaintiff’s release, Plaintiff’s counsel at Layfield & Telephone: (844) 993-3743; Facsimile: (800) 644-9861 LAYFIELD & BARRETT, APC Barrett, APC has been unable to locate or communicate with Plaintiff even 9 69170 IRVINE CENTER DRIVE, SUITE 100, IRVINE, CA 92618 8 after numerous attempts to make contact, including sending letters to 10 multiple addresses and calling multiple phone numbers for Plaintiff and his 11 family members. 12 6. As a result, Plaintiff has been unable to provide verified responses to 13 discovery propounded by Defendant. 14 7. On March 28, 2017, Plaintiff called Layfield & Barrett, APC and provided 15 new contact information. 8. Plaintiff’s counsel has conferred with opposing counsel and all parties 16 17 agree to continue the Mid-Discovery Status Conference and corresponding 18 deadline to submit Joint Statement. 19 20 For the reasons above, all parties respectfully request that the court consider 21 this stipulation and order that the Mid-Discovery Status Conference be continued, as 22 Plaintiff has only recently been able to re-establish contact with counsel and 23 Plaintiff’s case is also currently undergoing a referral process. 24 /// 25 /// 26 /// 27 /// 28 /// 32 2 STIPULATION TO CONTINUE MID-DISCOVERY STATUS CONFERENCE 1 Dated: March 30, 2017 LAYFIELD & BARRETT, APC 2 3 By:___/S/ Joseph Barrett 4 Joseph M. Barrett, Esq. Attorneys for Plaintiff ERNEST J. ESPINOZA 5 6 7 Dated: March 30, 2017 8 Telephone: (844) 993-3743; Facsimile: (800) 644-9861 LAYFIELD & BARRETT, APC 69170 IRVINE CENTER DRIVE, SUITE 100, IRVINE, CA 92618 9 By:___/S/ Kenny Nguyen 10 Kenny V. Nguyen, Esq. Deputy Attorney General Attorney for Defendant OFFICER MATT A. ASHE 11 12 13 [PROPOSED] ORDER 14 15 After giving due consideration to the above stipulation, the Court hereby 16 continues the Mid-Discovery Status Conference, currently set for April 10, 2017 to 17 May 8, 2017. The report SHALL be filed and lodged at least one week before the 18 conference. 19 Counsel may appear via teleconference by dialing (888) 557-8511 and entering 20 Access Code 1652736 provided they lodge an “Intent to appear telephonically” by 21 email to Shall@caed.uscourts.gov at least five days before the hearing. 22 IT IS SO ORDERED. 23 24 Dated: March 31, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 32 3 STIPULATION TO CONTINUE MID-DISCOVERY STATUS CONFERENCE

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