Elliott, et al. v. Solis, et al.

Filing 43

APPLICATION FOR ORDER CONTINUING HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AND STIPULATION THEREON AND ORDER GRANTING REQUEST IN PART signed by Chief Judge Lawrence J. O'Neill on April 10, 2019. (Munoz, I)

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MARK W. COLEMAN, #117306
NUTTALL COLEMAN & DRANDELL
2333 MERCED STREET
FRESNO, CA 93721
PHONE [phone]
FAX [phone]

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ATTORNEYS FOR

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Plaintiff, Dominic Elliott, a minor, by and through his Guardian Ad
Litem, Sophia Elliott, and Sophia Elliott, Individually

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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********

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DOMINIC ELLIOTT, a minor, by and
through his Guardian Ad Litem,
SOPHIA ELLIOTT, and SOPHIA
ELLIOTT, Individually,

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Plaintiffs,

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Case No.: 1:17-cv-01214-LJO-SAB

APPLICATION FOR ORDER
CONTINUING HEARING ON
DEFENDANT’S MOTION FOR
SUMMARY JUDGEMENT AND
STIPULATION THEREON
AND
ORDER GRANTING REQUEST IN
PART

vs.
DEPUTY ANDRES SOLIS; COUNTY
OF FRESNO; ROBERT ROSS;
PATRICK J. McCOMB, dba DRIVE
AMERICA; and DOES 1 through 50,
Inclusive,
Defendants.
_________________________________

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IT IS HEREBY STIPULATED by and between attorneys for the respective

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clients that the hearing on Defendant, PATRICK J. McCOMB, dba DRIVE

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AMERICA’s, Motion for Summary Judgement currently scheduled for April 25, 2019 at

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8:30 a.m., be continued to May 23, 2019, at 8:30 a.m., or as soon thereafter is
convenient with the court’s calendar.

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///

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IT IS FURTHER STIPULATED and agreed by and between the parties that

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the dates for filing oppositions and reply’s to the motion shall be continued in

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accordance with the new hearing date.

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The reason for this request is that counsel for Plaintiff has a previously scheduled
out-of-state vacation from April 9, 2019 through April 14, 2019. As presently

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scheduled, Plaintiff’s Opposition to the Motion for Summary Judgement is due on April

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11, 2019, while counsel is out of State.

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Dated: April 5, 2019.

NUTTALL COLEMAN & DRANDELL

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/s/ Mark W. Coleman

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MARK W. COLEMAN

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Attorney for Plaintiff
DOMINIC ELLIOT

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Dated: April 5, 2019.

ERICKSEN ARBUTHNOT

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_/s/ Michael E. Lehman_

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MICHAEL E. LEHMAN

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Attorney for Defendant,

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DRIVE AMERICA

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ORDER

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The trial in this case is set for July 3, 2019 and the pretrial conference for June

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19, 2019. No Party presents good cause to continue either of those dates. In order to
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provide the Court with sufficient time to review and rule on Defendant’s Motion for
Summary Judgement and, in turn, provide the Parties’ with time to incorporate that

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ruling into their joint pretrial conference statement, it is not possible to accommodate the

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Parties’ stipulation to continue the hearing on the pending motions to May 23, 2019.

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Instead, the hearing on the Motion for Summary Judgement currently scheduled for

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April 25, 2019 at 8:30 a.m., is continued to May 9, 2019, at 8:30 a.m. The dates for

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filing oppositions and replies to the motion shall be continued in accordance with the

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new hearing date.

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IT IS SO ORDERED.
Dated:

April 10, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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