Payne v. State of California et al

Filing 119

STIPULATION AND ORDER re AMENDING SCHEDULING ORDER TO CONTINUE DATES. Order signed by Magistrate Judge Sheila K. Oberto on 2/22/2021. (Kusamura, W)

1 Theodore Slater, Esq., (SBN 267479)
SLATER LAW, APC
2 1017 L St. #294
Sacramento, CA 95814
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Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for PLAINTIFF
ALLISON COLEMAN (formerly COLEMAN PAYNE)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,

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FRESNO DIVISION

10 COLEMAN PAYNE, an individual,

Case No. 1:17-cv-00906-DAD-SKO

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STIPULATION AND ORDER RE
AMENDING SCHEDULING ORDER TO
CONTINUE DATES

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Plaintiff,
v.

13 STATE OF CALIFORNIA, a government
entity and state in the United States;
14 DEPARTMENT OF STATE HOSPITALS, a
government agency form unknown;
15 METROPOLITAN STATE HOSPITAL, an
entity form unknown; COUNTY OF
16 CALAVERAS, a government entity in the
State of California; CALAVERAS COUNTY
17 SHERIFF, a governmental agency of unknown
form; CALAVERAS COUNTY JAIL, an
18 entity form unknown; JOHN P. BAILEY, an
individual; JOY LYNCH, an individual;
19 CALIFORNIA FORENSIC MEDICAL
GROUP, a business entity of unknown form
20 located in the State of California; DOES 2
through 50 inclusive,
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Defendants.
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(Doc. 118)

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IT IS HEREBY STIPULATED by and among Plaintiff ALLISON COLEMAN, FKA,

25 COLEMAN PAYNE, Defendants COUNTY OF CALAVERAS, COUNTY OF CALAVERAS
26 SHERIFF’S

OFFICE,

SERGEANT JOHN BAILEY, CAPTAIN EDDIE

BALLARD,

27 LIEUTENANT TIM STRUM (collectively the “County Defendants”) and Defendants
28 CALIFORNIA FORENSIC MEDICAL GROUP,INC., DR. MARSHA MCKAY, and JOY
STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER

1 LYNCH (collectively the “CFMG Defendants”), through their respective counsel that the Court be
2 requested to enter an Order to remove Settlement conference dates and deadlines to be re-scheduled
3 at the upcoming trial setting conference.
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Good cause exists for the continuation of the dates for the following reasons:

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This Court issued an order on February 3, 2021 converting the pretrial status conference set

6 for April 5, 2021 into a trial setting conference. The parties believe it will be more productive, and
7 a better use of limited judicial resources, to remove the current settlement conference and related
8 deadlines from the case calendar and re-set them at the upcoming trial setting conference.
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Based on the above, the parties believe that the interests of judicial economy and justice are

10 best served by taking all of the dates and deadlines related to the upcoming settlement conference
11 off calendar and setting new dates and deadlines for the Settlement Conference, and related matters,
12 at the trial setting conference now set for April 5, 2021.
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15 Dated: February 19, 2021

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/Mart B. Oller IV
Mart B. Oller IV
Attorneys for Defendants COUNTY OF
CALAVERAS, CALAVERAS COUNTY
SHERIFF’S OFFICE, JOHN P. BAILEY,
CAPTAIN EDDIE BALLARD and LIEUTENANT
TIM STURM
By:

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Dated: February 19, 2021

SLATER LAW, APC

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/s/Theodore Slater
Theodore Slater
Attorneys for Plaintiff COLEMAN PAYNE

By:

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STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

1 Dated: February 19, 2021

THE LAW OFFICES OF JEROME M. VARNINI

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/s/ Jarome Varnini
Jerome Varnini
Attorneys for Defendants JOY LYNCH,
DR. MARSHA MCKAY, and CALIFORNIA
FORENSIC MEDICAL GROUP, INC

By:
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ORDER

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Pursuant to the parties’ above stipulation (Doc. 118), and for good cause shown, the Court
hereby VACATES the Settlement Conference, set for March 16, 2021, and all related dates and
deadlines. By no later than April 7, 2021, the parties shall file a joint statement setting forth three
to four proposed dates on which the Settlement Conference will be reset.1

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IT IS SO ORDERED.

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Dated:

February 22, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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1

Magistrate Judge Sheila K. Oberto holds settlement conferences on Tuesdays and Thursdays at 10:30 a.m.

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STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

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