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)
[e-mail]
2 CITY OF MODESTO
1010 10th Street, Suite 6300
3
PO BOX 642
4 Modesto, CA 95353
Telephone: [phone]
5 Facsimile: [phone]
6 Blake P. Loebs (SBN 145790)
[e-mail]
7
David Mehretu (SBN 269398)
8 [e-mail]
MEYERS, NAVE, RIBACK, SILVER & WILSON
9 555 12th Street, Suite 1500
Oakland, California 94607
10 Telephone: [phone]
11 Facsimile: [phone]
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.
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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

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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
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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

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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,

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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:

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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