M.M. v. County of Kern et al

Filing 17

STIPULATION and ORDER STAYING ACTION, signed by District Judge Dale A. Drozd on 5/1/2016. (This action shall be stayed until 9/8/2016 under the Servicemembers Civil Relief Act, to allow Defendant Wall to return from overseas military deployment, authorize legal representation, and legally appear in this action.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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M.M., a minor, by and through her
guardian DAVID EVANKOVICH,
Plaintiff,

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No. 1:16-cv-00376-DAD-JLT

STIPULATION AND ORDER STAYING
ACTION

v.
COUNTY OF KERN; KERN COUNTY
SHERIFF’S DEPARTMENT; SCOTT
WALL; DANIEL WILLIS; DENNIS
COFFEE; and DOES 1 through 100,
inclusive,

(Doc. No. 16)

Defendants.

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This Stipulation is made between Plaintiff M.M., a minor, by and through her guardian

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David Evankovich (“Plaintiff”) and Defendants, County of Kern, Kern County Sheriff’s Office,

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Daniel Willis and Dennis Coffee (“County Defendants”) (Plaintiff and Defendants are

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collectively the “Parties”), by and through their respective attorneys of record.

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Whereas, Plaintiff filed this action on March 17, 2016, against County Defendants

and Defendant Scott Wall (“Wall”),
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Whereas, County Defendants notified Plaintiff’s counsel on April 7, 2016 that

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Defendant Scott Wall is on overseas military deployment until September 8, 2016 and subject to

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the Servicemembers Civil Relief Act, the predecessor of which was the Soldier’s and Sailor’s
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Civil Relief Act;

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3.

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Whereas, counsel for the parties have met and conferred and possible alternatives

to remedy the issue; and

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4.

Whereas, counsel for the parties have concluded that in the best interests of all

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parties, this Court is respectfully requested to stay all proceedings in this case until September 8,

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2016, so that Defendant Wall can acquire legal representation on his behalf and provide a legal

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response to the complaint. It is further respectfully requested that during the stay, the parties will

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not conduct any discovery, and that the Court not set any scheduling conference prior to the

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return of defendant Wall.

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NOW THEREFORE, IT IS HEREBY STIPULATED between the parties, through
their attorneys of record, as follow:

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This action shall be stayed until September 8, 2016 under the Servicemembers Civil

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Relief Act, to allow Defendant Wall to return from overseas military deployment, authorize legal

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representation, and legally appear in this action.

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Dated: April 28, 2016

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THERESA A. GOLDNER, COUNTY COUNSEL
By /s/ Andrew C. Thomson
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Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern,
Kern County Sheriff’s Department,
Daniel Willis & Dennis Coffee

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Dated: April 28, 2016

RODRIGUEZ & ASSOCIATES

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By /s/ Joseph Whittington
Joel T. Andreesen, Esq.
Joseph Whittington, Esq.
Attorneys for Plaintiff

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/////

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ORDER

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Good cause appearing, this action shall be stayed until September 8, 2016 under the

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Servicemembers Civil Relief Act, to allow Defendant Wall to return from overseas military

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deployment, authorize legal representation, and legally appear in this action.

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IT IS SO ORDERED.

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Dated:

May 1, 2016
UNITED STATES DISTRICT JUDGE

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