Moland et al v. City of Ceres et al

Filing 17

STIPULATION and ORDER to Extend Deadline to File Joint Status Report. The Scheduling Conference currently set for 11/29/2016, is CONTINUED to 2/23/2017, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report by no later than 2/16/2017. Order signed by Magistrate Judge Sheila K. Oberto on 11/22/2016. (Timken, A)

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Bradley J. Swingle, SBN 171535
Raquel A. Hatfield, SBN 290012
Our File No. 10224
ARATA, SWINGLE & VAN EGMOND
A Professional Law Corporation
912 11th Street, First Floor
Post Office Box 3287
Modesto, California 95354
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
CITY OF CERES

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROSIO MOLAND, ET AL.,

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Plaintiffs,

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vs.

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JOINT STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE JOINT
STATUS REPORT

CITY OF CERES, ET AL.,

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Case No. 1:16-CV-01073-LJO-SKO

Defendants.
_____________________________________/

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Plaintiff, ROSIO MOLAND, ET AL., and Defendants CITY OF CERES and THOMAS
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MILLER, hereby submit this joint stipulation to extend the deadline to file the Joint Status Report
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pursuant to Fed. R. Civ. P. 26(f).
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WHEREAS, Defendant City of Ceres filed a 12(b)(6) Motion to Dismiss the Complaint on
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September 8, 2016. Plaintiffs filed a First Amended Complaint on November 7, 2016. Plaintiff
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served the defendants with a copy of the First Amended Complaint on November 7, 2016.
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Defendants’ responsive pleading is due November 27, 2016, five days after the Joint Status

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Report is due. Defendant City of Ceres is in the process of filing a second 12(b)(6) motion.
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JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE JOINT STATUS REPORT - 1

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Plaintiff and Defendants’ counsel hereby agree to an extension until after the second 12(b)(6)
motion is heard. The hearing will be set on or about December 30, 2016.

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The Joint Status Report is presently due on November 22, 2016 and the Scheduling Conference
is set for November 29, 2016 pursuant to the Court’s Minute Order of October 14, 2016.
Plaintiff and Defendants’ Counsel are requesting that the Joint Status Report date be continued

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to two (2) weeks after the 12(b)(6) hearing and the Scheduling Conference be set shortly thereafter.

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IT IS HEREBY STIPULATED AND AGREED that the Joint Status Report filing deadline and
Scheduling Conference date be modified as follows:

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The deadline to file the Joint Status Report will be two (2) weeks and/or fourteen (14) days
from December 30, 2016 and the Scheduling Conference be set shortly thereafter.

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Respectfully submitted,
Dated: November 16, 2016.

DYER LAW FIRM

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By
/s/ Michael J. Dyer
MICHAEL J. DYER
DUSTIN J. DYER
Attorneys for Plaintiffs
ROSIO MOLAND, ET AL.

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Dated: November 21, 2016.
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GOYETTE & ASSOCIATES, INC.
A Professional Law Corporation

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By
/s/ Gary Goyette
GARY GOYETTE
Attorneys for Defendant
THOMAS MILLER

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Dated: November 21, 2016.

ARATA, SWINGLE & VAN EGMOND
A Professional Law Corporation

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By
/s/ Bradley J. Swingle
BRADLEY J. SWINGLE
Attorneys for Defendant
CITY OF CERES, ET AL.

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//

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//

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JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE JOINT STATUS REPORT - 2

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ORDER
Based on the above-stipulation (Doc. 15), the Court GRANTS the parties’ request to extend the

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deadline to file their Joint Scheduling Report and to continue the Scheduling Conference currently set

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for November 29, 2016. To allow adequate time for the Court to rule on Defendant City of Ceres’

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forthcoming dispositive motion, the Court CONTINUES the Scheduling Conference to February 23,

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2017, at 10:15 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall

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file their Joint Scheduling Report by no later than February 16, 2017.

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IT IS SO ORDERED.
Dated:

November 22, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE JOINT STATUS REPORT - 3

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