Lewis, et al v. Russell, et al

Filing 504

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 9/14/2016 ORDERING the Hearing on 498 MOTION to COMPEL and for Sanctions as to Defendant The Davis Center, LLC, et al., is CONTINUED to 10/26/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Jackson, T)

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JENNIFER HARTMAN KING (Bar No. 211313)
ALANNA C. LUNGREN (Bar No. 269668)
TYLER BOWLIN (Bar No. 305715)
KING WILLIAMS LLP
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
BEST, BEST & KRIEGER LLP
HARRIET A. STEINER (Bar No. 109436)
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

Exempt From Filing Fees Pursuant To
Government Code Section 6103

Attorneys for Defendant
CITY OF DAVIS

KING WILLIAMS LLP
520 CAPITOL MALL, SUITE 750
SACRAMENTO, CA 95814
TEL: [phone] / FAX: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. LEWIS AND JANE W.
LEWIS,
Plaintiffs,

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v.
ROBERT D. RUSSELL, ET AL.,
Defendants,

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Case No. 2:03-CV-02646-WBS-AC
STIPULATION TO CONTINUE
THE CITY OF DAVIS’S
MOTION TO COMPEL AND FOR
SANCTIONS AS TO
THE DAVIS CENTER;
[PROPOSED] ORDER
[LR 144]
Hearing Date:
New Date:
Time:
Courtroom:
Magistrate Judge:

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September 21, 2016
October 26, 2016
10:00 a.m.
26, 8th Floor
Hon. Allison Claire

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AND RELATED COUNTER, CROSS AND
THIRD PARTY CLAIMS.

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Stip & Prop Order.1

STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS
[PROPOSED] ORDER

STIPULATION

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Defendant, The City of Davis (the “City”), and Defendant/Cross-Complainants/Third

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Party Plaintiffs THE DAVIS CENTER LLC; EMILY STOVER, Individually, and as Trustee of

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the STOVER FAMILY TRUST and as Personal Representative for Melvin Stover (Deceased);

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and RICHARD ALBERT STINCHFIELD, Individually and as Trustee of the ROBERT S.

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STINCHFIELD SEPARATE REAL PROPERTY TRUST and as Trustee of the BARBARA

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ELLEN STINCHFIELD TESTAMENTARY TRUST (“The Davis Center”), (collectively, the

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“Parties”), by and through their respective counsel, hereby stipulate as follows:

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WHEREAS, the City noticed a Motion to Compel and for Sanctions (“Motion”), as to The

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Davis Center which is set for hearing before the Honorable Allison Claire on September 21,

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2016;

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WHEREAS, the City’s Motion seeks an order from the Court compelling The Davis

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Center to produce a prepared witness for the City to depose, pursuant to Federal Rule of Civil

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Procedure rule 30(b)(6) (“Rule 30(b)(6)”), by the discovery cutoff deadline of September 21,

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2016;
WHEREAS, on September 6, 2016, The Davis Center agreed to produce a prepared

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witness pursuant to Rule 30(b)(6) on September 21, 2016, in Woodland Hills, California;

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WHEREAS, this is the first request for continuance of the hearing on the City’s Motion;

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WHEREAS, to allow for the City’s deposition of The Davis Center’s witness to occur, the

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Parties stipulate to continue the hearing on the City’s Motion to a new date of October 26, 2016 at

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10:00 a.m., or at such date and time that is convenient for the Court;

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WHEREAS, the Parties stipulate that all deadlines and/or requirements applicable to the

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City’s Motion pursuant to the Federal Rules of Civil Procedure or Local Rules shall run from the

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new hearing date;

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///

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///

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///
Stip & Prop Order.1

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STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER

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NOW THEREFORE, the Parties hereby stipulate to the recitals set forth directly above.

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Dated: September 12, 2016

Respectfully submitted,

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KING WILLIAMS LLP

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By: /s/ Jennifer Hartman King
Jennifer Hartman King
Attorneys for Defendant
CITY OF DAVIS

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Dated: September 12, 2016

Respectfully submitted,

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KOELLER, NEBEKER,
CARLSON & HALUCK, LLP

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By: /s/ Peter W. Dye
Peter W. Dye
Attorneys for THE DAVIS CENTER
LLC;
EMILY
STOVER,
Individually, and as Trustee of the
STOVER FAMILY TRUST and as
Personal Representative for Melvin
Stover (Deceased); and RICHARD
ALBERT
STINCHFIELD,
Individually and as Trustee of the
ROBERT
S.
STINCHFIELD
SEPARATE REAL PROPERTY
TRUST and as Trustee of the
BARBARA ELLEN STINCHFIELD
TESTAMENTARY TRUST

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation,
IT IS SO ORDERED.

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Dated: September 14, 2016

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Stip & Prop Order.1

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STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER