Ashely v. Youngblood et al

Filing 59

STIPULATION and ORDER 58 Amending Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 1/8/2018. Notice of Potential Opt-in: Stipulated notice due by 1/16/2018; Notice Given by 2/6/2018; Consent by 4/22/2018. Mid-Discovery Status Conference CONTINUED to 4/23/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 9 10 11 12 13 GREGORY G. PETERSEN, A LAW CORPORATION GREGORY G. PETERSEN (SBN 77744) ROBERT M. CRISSMAN (SBN 292299) 1700 East Garry Avenue, Ste. 101 Santa Ana, California 92705 Email: greg@lawnet.com robert@lawnet.com Telephone: (949) 864-2200 Facsimile: (949) 640-8983 Attorneys for Plaintiff MARK ASHELY JACKSON LEWIS P.C. NATHAN W. AUSTIN (SBN 219672) EVAN D. BEECHER (SBN 280364) 400 Capitol Mall, Suite 1600 Sacramento, California 95814 Telephone: (916) 341-0404 Facsimile: (916) 341-0141 Email: austinn@jacksonlewis.com evan.beecher@jacksonlewis.com Attorneys for Defendant SHERIFF DONNY YOUNGBLOOD 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 MARK ASHELY, individually and on behalf of those similarly situated, 18 21 STIPULATION AMENDING SCHEDULING ORDER RE NOTICE AND OPT-IN DEADLINES; [PROPOSED] ORDER Plaintiffs, 19 20 CASE NO. 1:16-CV-01638-JLT v. SHERIFF DONNY YOUNGBLOOD; and DOES 1 through 50, inclusive, (Doc. 58) Defendants. 22 23 24 25 26 27 28 /// /// /// /// /// 1 Stipulation Amending Scheduling Order Re Notice and Opt-In Deadlines; [Proposed] Order Mark Ashely v. Sheriff Donny Youngblood, et al. Case No. 1:16-CV-01638-JLT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STIPULATION The parties to the above-captioned action, by and through their attorneys of record, hereby enter into the below stipulation with regard to the following facts and circumstances: WHEREAS, Plaintiff’s counsel’s prior calendar conflicts, his two unavoidable surgeries in August, and adverse reactions to pain treatment medications and further hospital stays have delayed his return to work; after returning to work for one week Mr. Petersen developed pneumonia and was hospitalized for eight days ending just before Christmas and will not return to work until January 1, 2018 as a result of outpatient treatments and medications. WHEREAS, the Scheduling Order amended by the Court identified the date for the Stipulated Notice as October 6, 2017, the Mailing of such notice as October 20, 2017 and the Deadline to Opt-in as January 3, 2018; WHEREAS, Plaintiff’s counsel’s prior calendar conflicts and health have prevented the parties from complying with the Court’s Scheduling Order. IT IS STIPULATED THAT: Notice of Potential Opt-in Plaintiffs: The parties shall file a stipulated notice form, no later than January 16, 2018. Following approval by the Court, notice shall be mailed to potential opt-in plaintiffs no later than February 6, 2018. Any individuals seeking to opt-in to the action must complete and file the consent form no later than April 22, 2018. The parties’ Mid-Discovery Status Conference shall be continued from March 26, 2018 at 8:30 a.m. to April 23, 2018 at 8:30 a.m. or to a later date the Court deems appropriate and convenient. IT IS SO STIPULATED. Dated: January 5, 2018 GREGORY G. PETERSEN 24 By: s/ Gregory G. Petersen (as authorized on 01.05.18) GREGORY G. PETERSEN ROBERT M. CRISSMAN 25 26 Attorneys for Plaintiff MARK ASHELY 27 28 2 Stipulation Amending Scheduling Order Re Notice and Opt-In Deadlines; [Proposed] Order Mark Ashely v. Sheriff Donny Youngblood, et al. Case No. 1:16-CV-01638-JLT 1 2 /// Dated: January 5, 2018 JACKSON LEWIS P.C. 3 By: s/ Nathan W. Austin NATHAN W. AUSTIN EVAN D. BEECHER 4 5 Attorneys for Defendant Sheriff Donny Youngblood 6 7 8 9 10 11 12 13 14 15 16 17 ORDER The Court, having considered the foregoing stipulation of the parties, and good cause otherwise appearing therefor, makes the following order: IT IS ORDERED THAT: 1. Notice of Potential Opt-in Plaintiffs: The parties SHALL file a stipulated notice form, no later than January 16, 2018. Following approval by the Court, notice SHALL be given no later than February 6, 2018. Any individuals seeking to opt-in to the action must complete and file the consent form no later than April 22, 2018. 2. Mid-Discovery Status Conference: The parties’ Mid-Discovery Status Conference SHALL be continued from March 26, 2018 at 8:30 a.m. to April 23, 2018 at 8:30 a.m. 18 19 20 IT IS SO ORDERED. Dated: January 8, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 3 Stipulation Amending Scheduling Order Re Notice and Opt-In Deadlines; [Proposed] Order Mark Ashely v. Sheriff Donny Youngblood, et al. Case No. 1:16-CV-01638-JLT

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