Mugrauer et al v. Modesto et al
Filing
33
STIPULATION and ORDER TO EXTEND DEADLINE FOR FILING OF ATTORNEYS' FEES MOTION, signed by District Judge Anthony W. Ishii on 3/31/2017. (Kusamura, W)
1 Adam U. Lindgren (SBN 177476)
alindgren@meyersnave.com
2 CITY OF MODESTO
1010 10th Street, Suite 6300
3
PO BOX 642
4 Modesto, CA 95353
Telephone: (209) 577-5284
5 Facsimile: (209) 544-8260
6 Blake P. Loebs (SBN 145790)
bloebs@meyersnave.com
7
David Mehretu (SBN 269398)
8 dmehretu@meyersnave.com
MEYERS, NAVE, RIBACK, SILVER & WILSON
9 555 12th Street, Suite 1500
Oakland, California 94607
10 Telephone: (510) 808-2000
11 Facsimile: (510) 444-1108
12 Attorneys for Defendants CITY OF MODESTO,
POLICE CHIEF GALEN CARROLL, OFFICER
13 JOHN C. LEE, and OFFICER RANDY
RADUECHEL
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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
18 MUGRAUER,
Plaintiffs,
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v.
21 CITY OF MODESTO, a municipal
corporation, MODESTO POLICE
22 DEPARTMENT CHIEF GALEN CARROLL,
in his individual and official capacities,
23 MODESTO POLICE OFFICERS JOHN C.
LEE, individually, RANDY RADUECHEL,
24 individually, and DOES 1 through 50, jointly
and severally,
25
Defendants.
26
Case No. 1:16-CV-00480-AWI-SAB
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
FILING OF ATTORNEYS’ FEES
MOTION
Trial Date:
December 5, 2017
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CASE NO. 16-CV-00480-AWI-SAB
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE ATTORNEYS’ FEES MOTION
1
The parties have filed the following stipulation:
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Pursuant to the Court’s Order for Clerk to Enter Judgment Pursuant to Plaintiff Patricia
4 Mugrauer’s Acceptance of a Rule 68 Offer of Judgment (Dkt. 24), the parties are to meet-and5 confer regarding the attorneys’ fees and costs owed under the terms of the Rule 68 Offer. The
6 parties are still in the process of meeting-and-conferring and require additional time to attempt to
7 resolve these outstanding issues short of a litigated motion. If this is unfruitful, a motion will be
8 filed and litigated, but the parties require an additional four weeks to attempt to resolve these
9 issues without a motion.
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Accordingly, in the interest of judicial economy, the parties respectfully request that the
11 following deadlines in the Court’s Order (Dkt. 29) be extended as follows:
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If no agreement or stipulation can be reached by April 24, 2017, then Plaintiff shall file a
13 motion for costs and attorneys’ fees on or by May 1, 2017, Defendants shall file a response or
14 opposition on or by May 8, 2017, and Plaintiff shall file a reply on or by May 15, 2017.
15 DATED: March 31, 2017
Respectfully submitted,
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MEYERS, NAVE, RIBACK, SILVER & WILSON
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By:
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DATED: March 31, 2017
/s/ Blake P. Loebs
Blake P. Loebs
Attorneys for Defendants CITY OF MODESTO,
POLICE CHIEF GALEN CARROLL, OFFICER
JOHN C. LEE, and OFFICER RANDY
RADUECHEL
LAW OFFICES OF SANJAY S. SCHMIDT
-andLAW OFFICES OF PANOS LAGOS
By:
/s/ Sanjay S. Schmidt (as authorized on 3/23/17)
Sanjay S. Schmidt
Attorneys for Plaintiffs PATRICIA MUGRAUER
26
and WADE MUGRAUER
27 The filer, Blake P. Loebs, attests that all other signatories listed on whose behalf this filing is
25
28 submitted concur in the filing’s content and have authorized the filing.
CASE NO. 16-CV-00480-AWI-SAB
1
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE ATTORNEYS’ FEES MOTION
1
The Court previously granted an extension of time to file a stipulation. In that order, the
2 Court stated that it would be disinclined to grant further extensions. See Doc. No. 29. The parties
3 did not address this order or the Court’s admonition. Nevertheless, in the interest of judicial
4 efficiency, the Court will grant the parties their requested extension this time. However, because
5 more than enough time will have elapsed since by April 24 in which to resolve the attorney’s fees
6 issue, no further extensions of time will be granted.
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8
ORDER
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Accordingly, IT IS HEREBY ORDERED that:
10 1.
The parties’ stipulation for extension of time is approved;
11 2.
If the parties reach an agreement regarding Patricia Mugrauer’s attorney’s fees and costs,
12
they shall submit a stipulation to the Court as soon as possible;
13 3.
If no agreement can be reached by April 24, 2017, the:
14
a.
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Patricia Mugrauer shall file a motion for costs and attorney’s fees on or by May 1,
2017;
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b.
Defendants shall file a response on or by May 8, 2017; and
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c.
Patricia Mugrauer shall file a reply on or by May 15, 2017; and
18 4.
This case remain open and on-going with respect to the claims made by Plaintiff Wade
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Mugrauer.
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IT IS SO ORDERED.
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Dated: March 31, 2017
SENIOR DISTRICT JUDGE
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CASE NO. 16-CV-00480-AWI-SAB
2
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE ATTORNEYS’ FEES MOTION
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