Payne v. State of California et al

Filing 28

STIPULATION and ORDER to Continue the Initial Scheduling Conference currently set for 2/2/2018 to 5/10/2018 at 10:00 AM in Yosemite (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 1/25/2018. (Kusamura, W)

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Theodore Slater , Esq., SBN 267479
SLATER LAW, APC
1017 L. St. #294
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for PLAINTIFF
COLEMAN PAYNE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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COLEMAN PAYNE, an individual,

Case No. 17-CV-00906-DAD-MJS

PLAINTIFF,
STATE OF CALIFORNIA, a government entity
and state in the United States; DEPARTMENT OF
STATE HOSPITALS, a government agency form
unknown; METROPOLITAN STATE HOSPITAL,
an entity form unknown; COUNTY OF
CALAVERAS, a government entity in the State of
California; CALAVERAS COUNTY SHERIFF, a
governmental agency of unknown form;
CALAVERAS COUNTY JAIL, an entity form
unknown; SERGEANT BAILEY, an individual;
NURSE JOY, an individual; DOES 1 through 50,
inclusive.

STIPULATION TO CONTINUE INITIAL
SCHEDULING CONFERENCE FOR 60
DAYS, ORDER
Date: February 2, 2017
Time: 10:00 a.m.
Courtroom: 6
Judge: Hon. Michael J. Seng
Trial Date: None Assigned
Action Filed: July 2, 2017

DEFENDANTS.
STIPULATION
Plaintiff Coleman Payne (“Plaintiff”) and Defendants State of California, Department of
State Hospitals, Metropolitan State Hospital, County of Calaveras, Calaveras County Sheriff,
Calaveras County Jail, and Sergeant Bailey, aka JOHN BAILEY, by and through their respective
counsel of record, , stipulate to have the upcoming Initial Scheduling Conference, scheduled for
February 2, 2018, continued by 60 days on the bases of the following circumstances:

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STIPULATION TO CONTINUE INITIAL SCHEDULING CONFERENCE FOR 60 DAYS

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1.

STATE OF CALIFORNIA, DEPARTMENT OF STATE HOSPITALS, and METROPOLITAN
STATE HOSPITAL (State Defendants) may impact the State defendants’ inclusion in this matter.

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2.

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Plaintiff’s counsel has stated his desire for additional time to locate and serve

Defendant “NURSE JOY” aka JOY LYNCH. Plaintiff’s counsel states that process servers are
currently seeking to serve Defendant Joy Lynch, but have not yet been able to successfully serve
her.

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The Court’s pending determination of the motion to dismiss brought by Defendants

3.

Plaintiff’s counsel has stated his intent to add at least one Defendant soon, the

employer for “NURSE JOY”. Plaintiff’s counsel has stated his intent to file a motion to add that
Defendant and update the individual Defendants’ names to include their full names which Plaintiff
has obtained subsequent to the filing of the complaint in this matter. Plaintiff intends to replace
“Nurse Joy” with “Joy Lynch” and “Sergeant Bailey” with “John Bailey” as part of an upcoming
Motion to Amend the Plaintiff’s Complaint.
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STIPULATION TO CONTINUE INITIAL SCHEDULING CONFERENCE FOR 60 DAYS

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Defendants, by and
through their counsel, that:
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With the consent of the Court, the Initial Scheduling Conference shall be continued

for 60 days or such other time as the Court sees fit for a continuance if any.
2.

This Stipulation may be executed in counterparts.

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IT IS SO STIPULATED.

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DATED: January 17, 2018

MCCORMICK BARSTOW, LLP

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By: /s/ Deborah Byron
DEBORAH BYRON, Esq.
Attorneys for Defendants,
County Of Calaveras and Sergeant John Bailey

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DATED: January 18, 2018

OFFICE OF THE ATTORNEY GENERAL

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By: /s/ Lisa Tillman
Lisa Tillman, Esq.
Attorneys for Defendants,
State of California, Department of State
Hospitals, and Metropolitan State Hospital

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DATED: January 17, 2018

SLATER LAW, APC

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By: /s/ Theodore Slater
Theodore Slater, Esq.
Attorneys for Plaintiff,
Coleman Payne

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STIPULATION TO CONTINUE INITIAL SCHEDULING CONFERENCE FOR 60 DAYS

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Order

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Good cause being found and no prejudice to any party or the Court resulting, the

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Stipulation of the parties to continue the Initial Scheduling conference is accepted and

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adopted as the Order of the Court, and the Initial Scheduling Conference in Case No. 17-

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CV-00906-DAD-MJS is hereby continued to May 10, 2018 at 10:00am.

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IT IS SO ORDERED.
Dated:

January 25, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE INITIAL SCHEDULING CONFERENCE FOR 60 DAYS

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