Santos v. Shasta County Sherif, et al

Filing 69

ORDER signed by Judge Garland E. Burrell, Jr on 1/8/09 re 68 ORDERING that the stay is lifted 67 , defendants shall file any renewed Motion for Summary Judgment within 60 days of the date of this order. (Duong, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GARY BRICKWOOD, State Bar No. 94892 BRICKWOOD LAW OFFICE 1135 Pine Street, Suite 210 Redding, CA 96001 (530) 245-1877 (530) 245-1879 (fax) Attorneys for Defendants DEPUTY CHRIS MCQUILLAN and DEPUTY DAVE KENT UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TIMOTHY MARVIN SANTOS, Plaintiff, vs. SHASTA COUNTY SHERIFF'S DEPARTMENT, COUNTY OF SHASTA, DEPUTY MCQUILLAN Defendants. / This matter was stayed by Order of this Court dated April 22, 2008, pending resolution of plaintiff's underlying criminal appeal. The Court has reviewed the Motion to Lift the Stay filed by defendants, and it appears that the criminal appeal is now final and has been resolved against plaintiff Santos. THEREFORE, IT IS HEREBY ORDERED that the stay is lifted, Case No. CIV.S-03-2525 GEB KJM-P ORDER The Honorable Garland E. Burrell defendants shall file any renewed Motion for Summary Judgment within 60 days of the date of this Order. Dated: January 8, 2009 GARLAND E. BURRELL, JR. United States District Judge ORDER 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Deena Swafford Deena Swafford Timothy Marvin Santos F-68128 CSATF/SP Facility C-4-129 P.O. Box 5244 Corcoran, CA 93212 I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed at Redding, California on December 2, 2008. _ _ _ _ _ b y personally delivering a true copy thereof to the person and at the address s e t forth below. _ _ _ _ _ B Y FAX (Telecopier) - I personally sent to the addressee's telecopier number a true copy of the above described document(s). I verified transmission and, t h e r e a f t e r , I placed a true copy in a sealed envelope addressed and mailed a s indicated above. PROOF OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to the within action. I am employed in Shasta County, California, by BRICKWOOD LAW OFFICE, at their offices located at 1135 Pine Street, Suite 210, Redding, California, 96001. On this date, I served the following document(s): ORDER / by placing a true copy thereof for collection and mailing, in the course of o r d i n a r y business practice, with other correspondence of Brickwood Law Office a t 1135 Pine Street, Suite 210, Redding, Shasta County, California, enclosed i n a sealed envelope with postage thereon fully prepaid, addressed as set f o r t h below. I am familiar with the practice of Brickwood Law Office for c o l l e c t i o n and processing of correspondence for mailing with the United S t a t e s Postal Service. It is the practice that correspondence is deposited w i t h the United States Postal Service the same day it is submitted for mailing. _ _ _ _ _ b y placing a true copy thereof in a box or other facility regularly m a i n t a i n e d by _____ U.P.S. / _____ Federal Express, in a sealed envelope or p a c k a g e designated by _____ U.P.S. / _____ Federal Express, with delivery f e e s paid or provided for, addressed as set forth below. ORDER 2

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