DeFilippo v. County of Stanislaus et al
Filing
118
ORDER signed by District Judge Troy L. Nunley on 11/14/2022 ORDERING 115 Motion to Dismiss Hearing Reset to 2/9/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley, Plaintiffs' Opposition to FRCP 12(b)(6) Motion due by 12/30/2022. Defendants' replies, if any, due by 1/26/2023.(Reader, L)
1 J. Gary Gwilliam, Esq. (State Bar No. 33430)
Randall E. Strauss, Esq. (State Bar No. 168363)
2 Jayme L. Walker, Esq. (State Bar No. 273159)
Angelina M. Austin, Esq. (State Bar No. 336250)
3 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
4 Oakland, CA 94612-3528
Telephone: (510) 832-5411
5 Facsimile: (510) 832-1918
Email: ggwilliam@giccb.com; rstrauss@giccb.com; jwalker@giccb.com,
6 aaustin@giccb.com
7 Attorneys for Plaintiffs
ESTATE OF FRANK CARSON; GEORGIA DEFILIPPO; CHRISTINA DEFILIPPO; &
8 EDUARDO QUINTANAR, JR.
ATTORNEYS AT LAW
A Professional Corporation
1999 Harrison St., Suite 1600, Oakland, CA 94612
GWILLIAM IVARY CHIOSSO CAVALLI & BREWER
9
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
Case No. 1:20-CV-00747-TLN-BAM
ESTATE OF FRANK CARSON AND
13
GEORGIA DEFILIPPO, as an individual and JOINT STIPULATION AND ORDER
14 as successor in interest to FRANK CARSON, TO CONTINUE OPPOSITION AND REPLY
DATES IN CONNECTION WITH
15
DEFENDANTS’ MOTIONS TO DISMISS
Plaintiffs,
THE SECOND AMENDED COMPLAINT OF
16 vs.
THE ESTATE OF FRANK CARSON AND
THE THIRD AMENDED COMPLAINTS OF
17
GEORGIA DEFILIPPO, CHRISTINA
COUNTY OF STANISLAUS, CITY OF
DEFLIPPO, AND EDUARDO QUINTANAR
MODESTO,
BIRGIT
FLADAGER,
18
MARLISSA FERREIRA, DAVID HARRIS;
19 KIRK BUNCH, STEVE JACOBSON, JON
EVERS, CORY BROWN, and DOES 1-25,
20 inclusive,
21
Defendants.
22
GEORGIA DEFILIPPO AND CHRISTINA
23 DEFILIPPO,
24
25
Case No. 1:18-cv-00496-TLN-BAM
Plaintiffs,
vs.
26
COUNTY OF STANISLAUS, CITY OF
27 MODESTO, BIRGIT FLADAGER,
MARLISSA FERREIRA, DAVID HARRIS;
28
STIP. AND ORDER TO CONT. OPPOSITION AND
REPLY DATES IN CONNECTION WITH
DEFENDANTS’ MOTIONS TO DISMISS
1
CASE NO. 1:20-CV-00747-TLN-BAM
CASE NO. 1:18-CV-00496-TLN-BAM
CASE NO. 1:18-CV-01403-TLN-BAM
1 KIRK BUNCH, STEVE JACOBSON, JON
EVERS, CORY BROWN, and DOES 1-25,
2 inclusive,
3
4
5
Defendants.
EDUARDO QUINTANAR, JR.,
Case No. 1:18-cv-01403-TLN-BAM
Plaintiffs,
6
ATTORNEYS AT LAW
A Professional Corporation
1999 Harrison St., Suite 1600, Oakland, CA 94612
GWILLIAM IVARY CHIOSSO CAVALLI & BREWER
7 vs.
8 COUNTY OF STANISLAUS, CITY OF
MODESTO, BIRGIT FLADAGER,
9 MARLISSA FERREIRA, DAVID HARRIS;
KIRK BUNCH, STEVE JACOBSON, JON
10
EVERS, CORY BROWN, and DOES 1-25,
11 inclusive,
Defendants.
12
13
14
Plaintiffs ESTATE OF FRANK CARSON; GEORGIA DEFILIPPO; CHRISTINA
15 DEFILIPPO; EDUARDO QUINTANAR, JR.; (“Plaintiffs”); and defendants COUNTY OF
16 STANISLAUS; BIRGIT FLADAGER; MARLISSA FERREIRA; DAVID HARRIS; KIRK
17 BUNCH; STEVE JACOBSON; and CORY BROWN; (“Defendants”) through their respective
18 counsel, hereby agree and stipulate as follows:
19
1.
WHEREAS Plaintiffs have been served with three separate Motions to Dismiss;
20
2.
WHEREAS Jayme L. Walker, lead counsel for Plaintiffs CARSON; the
21 DEFILIPPOES; and QUINTANAR is presently in trial in the Northern District (beginning on
22 November 7, 2022 and expected to last at least through November 21, 2022);
23
3.
WHEREAS, Jayme L. Walker, lead counsel for Plaintiffs ESTATE OF
24 CARSON; the DEFILIPPOES; and QUINTANAR has recently been diagnosed with COVID-19,
25 potentially extending the dates of the above referenced trial;
26
4.
WHEREAS Angelina M. Austin, co-counsel for Plaintiffs CARSON; the
27 DEFILIPPOES; and QUINTANAR, will be out of the country on a scheduled vacation from
28
STIP. AND ORDER TO CONT. OPPOSITION AND
REPLY DATES IN CONNECTION WITH
DEFENDANTS’ MOTIONS TO DISMISS
2
CASE NO. 1:20-CV-00747-TLN-BAM
CASE NO. 1:18-CV-00496-TLN-BAM
CASE NO. 1:18-CV-01403-TLN-BAM
1 November 21, 2022 through December 2, 2022;
5.
2
All parties agree that the deadline for opposing Defendants’ motions to dismiss be
3 continued to December 30, 2022;
4
6.
Defendants’ Reply Briefs shall be filed no later than January 26, 2023.
5
7.
That the Hearing for the Motions to Dismiss presently set for January 12, 2023 be
6 continued to February 9, 2023 at 2:00p.m.
7
8 ///
9
10 ///
11
12 ///
13
14 ///
15
16 ///
17
18 ///
19
20 ///
21
22 ///
23
24 ///
25
26 ///
27
28
STIP. AND ORDER TO CONT. OPPOSITION AND
REPLY DATES IN CONNECTION WITH
DEFENDANTS’ MOTIONS TO DISMISS
3
CASE NO. 1:20-CV-00747-TLN-BAM
CASE NO. 1:18-CV-00496-TLN-BAM
CASE NO. 1:18-CV-01403-TLN-BAM
1 The stipulated briefing schedule is as follows:
2
3
Plaintiffs’ Opposition to Defendants’ FRCP
December 30, 2022
4
12(b)(6) Motions to Dismiss
5
Defendants’ Replies (if any)
January 26, 2023
6
Hearing Date
February 9, 2023 at 2:00p.m.
7
8 IT IS SO STIPULATED.
9
10 DATE: November 14, 2022
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
11
/s/ Angelina M. Austin
J. Gary Gwilliam
Randall E. Strauss
Jayme L. Walker
Angelina M. Austin
Attorneys for Plaintiffs
ESTATE OF FRANK CARSON , GEORGIA
DEFILIPPO, CHRISTINA DEFILIPPO AND
EDUARDO QUINTANAR, JR.
12
13
14
15
16
17
18 DATE: November 14, 2022
19
PORTER SCOTT
A PROFESSIONAL CORPORATION
/s/ John Whitefleet*
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, STANISLAUS
COUNTY OFFICE OF THE DISTRICT
ATTORNEY, BIRGIT FLADAGER, MARLISSA
FERRIERA, DAVID HARRIS, KIRK BUNCH,
STEVE JACOBSON, CORY BROWN
20
21
22
23
24
25
26
27
28
* Parties have consented to use of their electronic signature.
STIP. AND ORDER TO CONT. OPPOSITION AND
REPLY DATES IN CONNECTION WITH
DEFENDANTS’ MOTIONS TO DISMISS
4
CASE NO. 1:20-CV-00747-TLN-BAM
CASE NO. 1:18-CV-00496-TLN-BAM
CASE NO. 1:18-CV-01403-TLN-BAM
1
2
3
4
5
6
7
8
9
ORDER
Pursuant to the stipulation of the parties:
The stipulated briefing schedule is as follows:
Plaintiffs’ Opposition to Defendants’
December 30, 2022
FRCP 12(b)(6) Motions to Dismiss
Defendants’ Replies (if any)
January 26, 2023
Hearing Date
February 9, 2023 at
2:00p.m.
10
11
12
IT IS SO ORDERED.
13
14
Dated: November 14, 2022
Troy L. Nunley
United States District Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIP. AND ORDER TO CONT. OPPOSITION AND
REPLY DATES IN CONNECTION WITH
DEFENDANTS’ MOTIONS TO DISMISS
5
CASE NO. 1:20-CV-00747-TLN-BAM
CASE NO. 1:18-CV-00496-TLN-BAM
CASE NO. 1:18-CV-01403-TLN-BAM
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?