Carson v. County of Stanislaus et al

Filing 19

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/14/2020 ORDERING that 13 Motion to Dismiss will be heard at the same time as the other Defendants' 16 Motion to Dismiss on 12/3/2020 at 2:00 pm. Oppositions due 11/192020 and replies due 11/26/2020. (Zignago, K.)

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)
3 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
4 Oakland, CA 94612-3528
Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]; [e-mail]; [e-mail]
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7 Attorneys for Plaintiff
FRANK CARSON
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 FRANK CARSON,

Case No. 1:20-CV-00747-TLN-BAM

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STIPULATION AND ORDER TO
RESCHEDULE HEARING
REGARDING DEFENDANT COUNTY
OF STANISLAUS’ MOTION TO
DISMISS

Plaintiffs,

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COUNTY OF STANISLAUS, CITY OF
MODESTO, CITY OF CERES, BIRGIT
FLADAGER, MARLISSA FERREIRA,
DAVID HARRIS; KIRK BUNCH, STEVE
JACOBSON, JON EVERS, DEREK
PERRY, CORY BROWN, and DOES 1-25,
inclusive,
Defendants.

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STIP AND ORDER

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CASE NO. 1:20-CV-00747

Plaintiff FRANK CARSON (“Plaintiff”) and defendants COUNTY OF STANISLAUS,

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2 (“Defendants”) through their respective counsel, hereby agree and stipulate as follows:
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WHEREAS Plaintiff filed the complaint [Document 1] in this action on May 28,

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WHEREAS Plaintiff Defendants County of Stanislaus, Birgit Fladager, Marlissa

4 2020.
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6 Ferreira, David Harris, Kirk Bunch, Steve Jacobson, and Cory Brown filed a Motion to Dismiss
7 Plaintiff’s Complaint [Document 13] on September 1, 2020. The hearing date for the motion is
8 set for October 29, 2020 at 2:00 p.m. in Courtroom 2 (TLN) before District Judge Troy L.
9 Nunley.
3.

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WHEREAS Defendants City of Modest and Jon Evers filed a Rule(b)(6) Motion

11 to Dismiss the First Amended Complaint (incorrectly titled) [Document 16] on September 29,
12 2020. The hearing date for the motion is set for December 3, 2020 at 2:00 p.m. in Courtroom 2
13 (TLN) before District Judge Troy L. Nunley.
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STIP. AND ORDER

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CASE NO. 1:20-CV-00747-TLN-BAM

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4.

WHEREAS Plaintiff and Defendants County of Stanislaus, Birgit Fladager,

2 Marlissa Ferriera, David Harris, Kirk Bunch, Steve Jacobsen and Cory Brown have agreed that it
3 would be more convenient for the court to hear both motions on the same day and hereby
4 stipulate to have County of Stanislas’ Motion to Dismiss heard on the same day as City of
5 Modesto’s Motion to Dismiss. It is therefore stipulated and agreed that both motions can be
6 heard by the court on December 3, 2020 at 2:00 p.m. in Courtroom 2. Pursuant to local rules,
7 opposition will be due November 19, 2020 and replies will be due November 26, 2020.
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9 DATE: October 14, 2020

GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

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/s/
J. Gary Gwilliam
Randall E. Strauss
Jayme L. Walker
Attorneys for Plaintiff
FRANK CARSON

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15 DATE: October 14, 2020

MEYERS NAVE RIBACK SILVER & WILSON

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/s/
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, BIRGIT FLADAGER,
MARLISSA FERRIERA, DAVID HARRIS, KIRK
BUNCH, STEVE JACOBSEN, CORY BROWN

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STIP. AND ORDER

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CASE NO. 1:20-CV-00747-TLN-BAM

ORDER

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IT IS SO ORDERED.

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1.

Pursuant to the Parties’ stipulation, Defendants County of Stanislaus, Birgit

4 Fladager, Marlissa Ferriera, David Harris, Kirk Bunch, Steve Jacobsen and Cory Brown’s
5 Motion to Dismiss will be heard at the same time as the other Defendants City of Modesto and
6 Jon Evers’ Motion to Dismiss on December 3, 2020 at 2:00 pm.
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2.

Oppositions due November 19, 2020 and replies due November 26, 2020

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Dated: October 14, 2020

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Troy L. Nunley
United States District Judge

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STIP. AND ORDER

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CASE NO. 1:20-CV-00747-TLN-BAM