Rossy et al v. City of Bishop et al

Filing 14

STIPULATION and ORDER to continue Scheduling Conference from 2/6/2018 to 4/24/2018 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 1/17/2018. (Hernandez, M)

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Robert L. Baumann, SBN 261665
[e-mail]
Adams, Ferrone and Ferrone APC
4333 Park Terrace Drive, Suite 200
Westlake Village, CA 91361
Telephone: [phone]
Facsimile: 818-874-1382
Attorneys for Plaintiffs,
BRYAN ROSSY, et al.

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Scott J. Grossberg (Bar No. 123359)
[e-mail]
Laurel A. Hoehn (Bar No. 232946)
[e-mail]
GROSSBERG & HOEHN
1026 W. Foothill Blvd.
Upland, CA 91786
[phone]/Phone
[phone]/Fax
Attorneys for Defendants
CITY OF BISHOP, et al.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRYAN ROSSY, MARK
)
GUTIERREZ, JARED WAASDORP, )
and DOUGLAS MAIRS,
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Plaintiffs,
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vs.
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CITY OF BISHOP, a public agency
)
and/or municipal corporation; CHRIS )
CARTER, individually and as Police )
Chief; TED STEC, individually and as )
Police Chief; JIM TATUM,
)
individually; PAT GARDNER,
)
individually; and DOES 1 THROUGH )
10, inclusive,
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Defendants.
)
)
)
)
)
)
)
)

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Case No. 1:17-cv-01244-LJO-SAB
JOINT STIPULATION TO
CONTINUE SCHEDULING
CONFERENCE; ORDER

Plaintiffs Bryan Rossy, et al. (collectively “Plaintiffs”) and Defendants City

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of Bishop, et al. (collectively “Defendants”) by and through their counsel of

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record, hereby request a continuance of the Scheduling Conference.

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On September 18, 2017, the Court issued an order setting a Scheduling

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Conference on December 4, 2017 at 2:15 p.m., which was subsequently continued

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after Plaintiffs filed a Motion to Continue the Scheduling Conference on

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November 22, 2017. The Court granted the motion on November 27, 2017,

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continuing the Scheduling Conference to February 6, 2018 at 3:30 p.m. On

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December 4, 2017 Defendants filed a Notice of Motion setting a Motion to

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Dismiss for January 29, 2018 at 8:30 a.m., which was subsequently continued

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after the Parties filed a Joint Stipulation to Continue on January 5, 2018. The

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Court issued an order on January 11, 2018 continuing the motion to February 20,

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2017 at 8:30 a.m.
According to page 7:1-11 of the court’s order setting the scheduling

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conference: "[...] the Court is aware that in some situations the case is not

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procedurally in the posture for the Scheduling Conference to be held on the date

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initially set. Such situations include, but are not limited to, those in which all

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defendants have not yet been served or have not filed an answer to the complaint,

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the defendant has defaulted, or where there is a pending motion to dismiss." The

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Defendant’s motion to dismiss will still be pending as Defendant’s opposition is

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now due on February 6, 2018, the day of the continued Scheduling Conference.

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Thus, both parties by and through their respective counsel, have agreed, and

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hereby request, that the Court continue the Scheduling Conference on February 6,

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2018 to after the Motion to Dismiss is heard.

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IT IS SO STIPULATED

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Dated: January 17, 2018

ADAMS FERRONE & FERRONE

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By: /s/
Robert L. Baumann
Attorneys for Plaintiffs,
BRYAN ROSSY, et al.

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Dated: January 17, 2018

GROSSBERG & HOEHN

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By: /s/
Scott J. Grossberg
Laurel A. Hoehn
Attorneys for Defendants
CITY OF BISHOP, et al.

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ORDER

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After review of all papers and pleadings filed in connection with the
motion, good cause appearing, the Court hereby accepts the Stipulation by the
Parties and the Scheduling Conference is hereby continued from February 6, 2018
to April 24, 2018 at 3:00 PM in Courtroom 9. A Joint Scheduling Conference
Report is due one week before the new conference date.
IT IS SO ORDERED.
Dated:

January 17, 2018
UNITED STATES MAGISTRATE JUDGE

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