Vivanco v. California Department of Corrections & Rehabilitation, et al.

Filing 10

STIPULATION and ORDER to Continue Scheduling Conference: Initial SCHEDULING CONFERENCE is continued from 6/20/2017 to Wednesday, September 6, 2017, at 9:30 a.m., with the Parties to file a Joint Scheduling Conference Statement at least one week prior to the continued Scheduling Conference date. Parties wishing to appear telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 6/14/2017. (Herman, H)

1 Jesse Ortiz SBN 176450
2 Nolan Berggren SBN 293248
JESSE ORTIZ LAW
3 980 9th Street, Suite 340
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for Plaintiff
MARISOL VIVANCO
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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12 MARISOL VIVANCO, individually and as
Successor in Interest of SOLTON VIVANCO
13 GONZALEZ (deceased),
Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION,
SCOTT FRAUENHEIM, and DOES 1-50,
inclusive.

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Case No.: 1:17-cv-00434-LJO-BAM
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE
SCHEDULING CONFERENCE
Date:
June 20, 2017
Time:
9:30 a.m.
Courtroom: 8
Judge:
Hon. Barbara A. McAuliffe

Defendants.

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IT IS HEREBY STIPULATED by and between the parties, Plaintiff, MARISOL VIVANCO,

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individually and as successor in interest of SOLTON VIVANCO GONZALEZ (“Plaintiff”), and

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Defendants CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION and

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SCOTT FRAUENHEIM (collectively “Defendants”), by and through their respective attorneys of

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record as follows:

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1. The purpose of this Stipulation is to continue the Scheduling Conference currently set for
June 20, 2017 at 9:30 am in Courtroom 8 of the above-entitled Court.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

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2. On or about March 24, 2017, Defendants filed an Amended Motion to Dismiss the

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Complaint filed by Plaintiff in this action (Docket #4), and a hearing was set for April 25,

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2017 at 8:30 a.m. in Courtroom 4 before Chief Judge Lawrence J. O’Neill.

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3. On or about April 19, 2017, Chief Judge Lawrence J. O’Neill found the Motion suitable for

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decision without oral argument and vacated the April 25, 2017 hearing on the Motion. As of

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the drafting of this Stipulation, a ruling on Defendants’ Amended Motion to Dismiss has not

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been issued by the Court.

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4. With consideration of the current state of the pleadings, and with the Court’s permission, the

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parties agree to a sixty-day continuance of the Scheduling Conference currently set for June

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20, 2017 at 9:30 am in Courtroom 8, in order to allow time for the Court to issue a ruling on

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Defendants’ Amended Motion to Dismiss.

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DATE: June 13, 2017

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JESSE ORTIZ LAW
_/s/Jesse Ortiz______________
Jesse Ortiz
Nolan Berggren
Attorneys for Plaintiffs

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19 DATE: June 13, 2017
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XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

_____/s/_Diana Esquivel_________
DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

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ORDER

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The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby

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issues an Order to:
Continue the Scheduling Conference of June 20, 2017 at 9:30 a.m., to Wednesday,

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September 6, 2017, at 9:30 a.m., with the Parties to file a Joint Scheduling Conference Statement
at least one week prior to the continued Scheduling Conference date.

Parties wishing to appear

telephonically may do so with each party using the following dial-in number and passcode: dial-in
number 1-877-411-9748; passcode 3190866.

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IT IS SO ORDERED.

12 Dated:
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June 14, 2017

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE