Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 52

ORDER re Stipulation to Continue Mandatory Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2019. Initial Scheduling Conference RESET for 8/14/2019 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

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Public Employees Legal, LLP
RONALD P. ACKERMAN
(SBN 159692)
OSHEA ORCHID (SBN 298375)
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorney for Plaintiff
DAVID PHILLIPS-KERLEY

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UNITED STATES DISTRICT COURT OF CALIFORNIA
EASTERN DISTRICT

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FRESNO DIVISION

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DAVID PHILLIPS-KERLEY,

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CASE NO.: 1:18-CV-438-AWI BAM

Plaintiff,

STIPULATION TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE
And ORDER THEREON

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vs.

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CITY OF FRESNO and
DOES 1 to 10,

Complaint Filed: March 28, 2018
Joint Scheduling Conf
Currently Scheduled for: June 5, 2019

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Defendants,

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TO THE HONORABLE JUDGE BARBARA A. McAULIFFE OF THE

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ABOVE ENTITLED COURT, ALL PARTIES and to their ATTORNEYS OF

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RECORD:

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IT IS HEREBY STIPULATED AND AGREED, by and between the
parties, through their respective counsel of record, as follows:
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1. The Scheduling Conference in this matter is scheduled for June 5,

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2019.
2. Defendant filed a Motion to Dismiss Plaintiff’s Second Amended
Complaint on May 24, 2019.
3. Plaintiff’s Counsel was out of the Office for the Memorial Day

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holiday weekend and first reviewed Defendant’s Motion on May 28, 2019.

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4. Plaintiff’s counsel requires time to review Defendant’s Motion to

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Dismiss in order to determine the need for filing a Third Amended Complaint

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and it’s content.

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5. Plaintiff’s Counsel anticipates filing a Third Amended Complaint,
either through a Stipulation of the Parties or by requesting leave of the Court.

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6. Plaintiff’s Counsel believes the Scheduling Conference would be

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more productive and a more efficient use of Court time, if it were held after

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Plaintiff’s Third Amended Complaint has been filed.

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7. Thus, it is respectfully requested that the Scheduling Conference

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set for June 5, 2019, be continued to a date in August 2019 which is convenient

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to the Court’s Calendar.

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Dated: May 29, 2019

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Respectfully Submitted,
By:

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/s/
/
RONALD ACKERMAN
Public Employees Legal, LLP
Attorney for Plaintiff
DAVID PHILLIPS-KERLEY

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Dated: May 29, 2019

BETTS & RUBIN
By: / s / Joseph D. Rubin
Joseph D. Rubin
Attorneys for Defendant City of Fresno
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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing
therefore,
IT IS HEREBY ORDERED that:

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1. The scheduling Conference currently set for June 5, 2019, is
continued to August 14, 2019, at 10:00 AM before the Honorable

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Magistrate Barbara A. McAuliffe, in Courtroom 8 (BAM) of the

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United States District Court – Eastern District.

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2. The parties’ Joint Scheduling Report shall be submitted to the Court

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by August 7, 2019.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

May 30, 2019

UNITED STATES MAGISTRATE JUDGE

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