Mugrauer et al v. Modesto et al

Filing 29

STIPULATION and ORDER TO EXTEND DEADLINE FOR FILING OF ATTORNEYS FEES MOTION, signed by District Judge Anthony W. Ishii on 2/10/2017. (Kusamura, W)

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Sanjay S. Schmidt (SBN 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, CA 94109
Tel. [phone]
Fax [phone]
e-mail: [e-mail]

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Panos Lagos (SBN 61821)
LAW OFFICES OF PANOS LAGOS
5032 Woodminster Lane
Oakland, CA 94602
Tel. [phone]
Fax [phone]
e-mail: [e-mail]
Attorneys for Plaintiffs,
PATRICIA MUGRAUER and
WADE MUGRAUER

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Adam U. Lindgren (SBN: 177476)
[e-mail]
CITY OF MODESTO
1010 10th Street, Suite 6300
PO BOX 642
Modesto, CA 95353
Telephone: [phone]
Facsimile: [phone]
Blake P. Loebs (SBN: 145790)
[e-mail]
David Mehretu (SBN: 269398)
[e-mail]
MEYERS, NAVE, RIBACK, SILVER & WILSON
555 12th Street, Suite 1500
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants POLICE CHIEF
GALEN CARROLL, OFFICER JOHN C. LEE
and CITY OF MODESTO

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR FILING OF
ATTORNEYS’ FEES MOTION
1:16-CV-00480-AWI-SAB

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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PATRICIA MUGRAUER and WADE
MUGRAUER,

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Plaintiffs,

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Case No. 1:16-cv-00480-AWI-SAB
STIPULATION & [PROPOSED] ORDER
TO EXTEND DEADLINE FOR FILING
OF ATTORNEYS’ FEES MOTION

v.
Trial Date:

August 1, 2017

CITY OF MODESTO, a municipal
corporation, Modesto Police Department Chief
GALEN CARROLL, in his individual and
official capacities, Modesto Police Officer
JOHN C. LEE, individually, and DOES 1
through 50, jointly and severally,
Defendants.

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On February 9, 2017, the parties filed the following stipulation:
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Pursuant to this Court’s Order for Clerk to Enter Judgment Pursuant to Plaintiff Patricia
Mugrauer’s Acceptance of a Rule 68 Offer of Judgment (Dkt. 24), the parties are to meet-andconfer regarding the attorneys’ fees and costs owed to Patricia Mugrauer under the terms of the
Rule 68 Offer. The parties are still in the process of meeting-and-conferring and require
additional time to attempt to resolve these outstanding issues short of a litigated motion. If this is
unfruitful, a motion will be filed and litigated, but the parties require an additional 45-days to
attempt to resolve these issues without a motion.
Accordingly, in the interest of judicial economy, the parties respectfully request that the
following deadlines in the Court’s Order (Dkt. 24) be extended as follows:
If no agreement or stipulation can be reached by March 27, 2017, then Plaintiff shall file a motion
for costs and attorneys’ fees on or by April 3, 2017, Defendants shall file a response or opposition
on or by April 10, 2017, and Plaintiff shall file a reply on or by April 17, 2017.

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR FILING OF
ATTORNEYS’ FEES MOTION
1:16-CV-00480-AWI-SAB

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DATED: February 9, 2017

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Respectfully Submitted,
LAW OFFICE OF SANJAY S. SCHMIDT
-andLAW OFFICES OF PANOS LAGOS

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By: /s/ Sanjay S. Schmidt
Sanjay S. Schmidt
Attorneys for Plaintiffs,
PATRICIA MUGRAUER and WADE
MUGRAUER

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DATED: February 9, 2017

Respectfully Submitted,

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MEYERS, NAVE, RIBACK, SILVER & WILSON

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By: /s/ Blake P. Loebs
Blake P. Loebs
David Mehretu
Attorneys for Defendants POLICE CHIEF
GALEN CARROLL, OFFICER JOHN C. LEE
and CITY OF MODESTO

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After reviewing the matter, the Court will give effect to the parties’ stipulation. However,

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by March 27th the parties will have had more than enough time to attempt to agree on the matter

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of fees and costs. The Court is disinclined to further alter the deadlines or briefing schedule on

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these issues.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

If the parties are able to reach an agreement as to the amount of Patricia Mugrauer’s costs

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and attorney’s fees, then the parties shall submit a stipulation and proposed order to the

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Court as soon as possible;

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2.

If no agreement or stipulation can be reached by March 27, 2017, then:

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR FILING OF
ATTORNEYS’ FEES MOTION
1:16-CV-00480-AWI-SAB

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a.

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2017;

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b.

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3.

Defendants shall file a response or opposition on or by April 10, 2017;

c.

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Patricia Mugrauer shall file a motion for costs and attorneys’ fees on or by April 3,

Patricia Mugrauer shall file a reply on or by April 17, 2017; and

This case remains open and on-going with respect to the claims made by Plaintiff Wade
Mugrauer.

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IT IS SO ORDERED.

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Dated: February 10, 2017

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SENIOR DISTRICT JUDGE

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STIPULATION & [PROPOSED] ORDER TO
EXTEND TIME FOR FILING OF
ATTORNEYS’ FEES MOTION
1:16-CV-00480-AWI-SAB