Mugrauer et al v. Modesto et al
Filing
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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. (415) 563-8583
Fax (415) 223-9717
e-mail: ss@sanjayschmidtlaw.com
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Panos Lagos (SBN 61821)
LAW OFFICES OF PANOS LAGOS
5032 Woodminster Lane
Oakland, CA 94602
Tel. (510) 530-4078
Fax (510) 530-4725
e-mail: panos@panoslagoslaw.com
Attorneys for Plaintiffs,
PATRICIA MUGRAUER and
WADE MUGRAUER
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Adam U. Lindgren (SBN: 177476)
alindgren@meyersnave.com
CITY OF MODESTO
1010 10th Street, Suite 6300
PO BOX 642
Modesto, CA 95353
Telephone: (209) 577-5284
Facsimile: (209) 544-8260
Blake P. Loebs (SBN: 145790)
bloebs@meyersnave.com
David Mehretu (SBN: 269398)
dmehretu@meyersnave.com
MEYERS, NAVE, RIBACK, SILVER & WILSON
555 12th Street, Suite 1500
Oakland, California 94607
Telephone: (510) 808-2000
Facsimile: (510) 444-1108
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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
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