Lewis, et al v. Russell, et al

Filing 522

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/4/2017 ORDERING the deadline for Plaintiffs to file a motion to substitute party for Charles H. Lewis (deceased) and Jane W. Lewis (deceased) is EXTENDED to 6/23/2017. (Washington, S)

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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.: CIV S-03-2646 WBS AC
STIPULATION TO EXTEND THE TIME
TO FILE MOTION TO SUBSTITUTE
PARTY FOR CHARLES H. LEWIS
(DECEASED) AND JANE W. LEWIS,
(DECEASED)
[PROPOSED] ORDER
[LR 144]
Current Deadline:
New Deadline:

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June 5, 2017
June 23, 2017

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AND RELATED COUNTER, CROSS AND
THIRD PARTY CLAIMS.

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00015648.1

STIPULATION TO EXTEND THE TIME TO FILE MOTION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS
(DECEASED) AND JANE W. LEWIS, (DECEASED)
[PROPOSED] ORDER

STIPULATION

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Defendant, the City of Davis (the “City”), and Plaintiffs, Charles H. Lewis (Deceased) and

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Jane W. Lewis (Deceased) (“Plaintiffs”), (collectively, the “Parties”), by and through their

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respective counsel, hereby stipulate as follows:

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WHEREAS, on March 7, 2017, counsel for Plaintiffs filed and served the Statement of

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Fact of Death, Document Number 518, with respect to Charles H. Lewis and Jane W. Lewis, in

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the above-referenced matter;

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WHEREAS, pursuant to Federal Rule of Civil Procedure rule 25(a)(1), the deadline to
bring a motion to substitute the proper party for Plaintiffs is June 5, 2017;
WHEREAS, the Parties agree to extend the June 5, 2017, deadline to bring a motion to
substitute the proper party for Plaintiffs to and including June 23, 2017;
WHEREAS, no prior extensions of the deadline to substitute the proper party for Plaintiffs
has been requested in this case;
NOW THEREFORE, the Parties hereby stipulate to the recitals set forth directly above.

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Dated: May 2, 2017

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Respectfully submitted,
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: May 2, 2017

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Respectfully submitted,
SCHUERING ZIMMERMAN & DOYLE, LLP

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By: /s/ Keith D. Chidlaw (as authorized on May 2, 2017)
Keith D. Chidlaw
Attorneys for CHARLES H. LEWIS (Deceased) and Jane
W. Lewis (Deceased)

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00015648.1

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STIPULATION TO EXTEND THE TIME TO FILE MOTION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS
(DECEASED) AND JANE W. LEWIS, (DECEASED);
[PROPOSED] ORDER

[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation,

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IT IS SO ORDERED.

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Dated: May 4, 2017

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00015648.1

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STIPULATION TO EXTEND THE TIME TO FILE MOTION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS
(DECEASED) AND JANE W. LEWIS, (DECEASED);
[PROPOSED] ORDER

PROOF OF SERVICE

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I, Anna Brown, declare:
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I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action. My business address is King Williams LLP, 520 Capitol Mall,
Suite 750, Sacramento, CA 95814. On May 4, 2017, I served the within document(s):

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STIPULATION TO EXTEND THE TIME TO FILE MOTION TO
SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE
W. LEWIS, (DECEASED); [PROPOSED] ORDER

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

BY MAIL. I caused such envelope with the document(s) listed above, with
postage thereon fully prepaid, to be placed in the United States mail at
Sacramento, California, addressed as set forth below.



BY PERSONAL SERVICE. I caused to be delivered the above-listed
document(s) by hand to the office of the person(s) listed below.



BY OVERNIGHT DELIVERY. I caused the above-listed documents to be
delivered by overnight delivery to the office of the person(s) listed below.



BY FACSIMILE. I caused the above-listed document(s) to be transmitted via
facsimile to the fax number(s) set forth below.



BY ELECTRONIC SERVICE. I hereby certify that I electronically transmitted
the attached document(s) listed above using the PACER Filing System of the
United States District Court, Eastern District of California for filing and
transmittal to the below listed registrant(s).

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SEE ATTACHED LIST
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

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Executed on May 4, 2017, at Sacramento, California.
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/s/Anna Brown__________
Anna Brown

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00015648.1

-1PROOF OF SERVICE

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Lewis, et al. v. Russell, et al.
USDC, Eastern District Court of California Case No. 2:03-CV-02646-WBS-AC

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SERVICE LIST

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Attorney(s)/Firm

Represented Party(ies)

VIA E-FILING
Chad Dunnigan
Peter Dye
Koeller, Nebeker, Carlson & Haluck LLP
1478 Stone Point Drive, Suite 400
Roseville, CA 95661
T:
[phone]
F:
[phone]
[e-mail];
[e-mail];
[e-mail]
VIA E-FILING

Attorneys for Third Party Plaintiffs, The Davis
Center, LLC; Emily Stover, Individually and as
Trustee of the Stover Family Trust and as
Personal Representative for Melvin Stover
(Deceased); 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

Harriet A. Steiner
Best, Best & Krieger, LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
T:
[phone]
F:
[phone]
[e-mail]
VIA E-FILING

Attorneys for Defendant, Cross-Defendant, and
Cross-Claimant City of Davis

Tripp Goldsberry
Law Office of Francis M. Goldsberry
2725 Riverside Blvd., Suite 2300
Sacramento, CA 95818
T:
[phone]
F:
[phone]
[e-mail]
VIA E-FILING

Attorneys for Defendants Potter-Taylor &
Company; Potter, Long, Adams & Taylor, LTD;
Potter-Taylor, Inc.; and Potter Taylor &
Scurfield, Inc.

Daniel W. Smith
Law Offices of Daniel W. Smith
3640 American River Drive, Suite 150
Sacramento, CA 95864
T:
[phone]
F:
[phone]
[e-mail]
VIA E-FILING

Attorneys for Defendant Irene Russell,
Successor-in-Interest to Robert D. Russell
(deceased)

Keith D. Chidlaw
Schuering Zimmerman & Doyle, LLP
400 University Avenue
Sacramento, CA 95825-6502
T:
[phone]
F:
[phone]
[e-mail]

Attorneys for Plaintiffs Charles H. Lewis and
Jane W. Lewis (Deceased)

00015648.1

-2PROOF OF SERVICE

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Attorney(s)/Firm

Represented Party(ies)

VIA U.S. MAIL

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Jung K. Seo
7997 Bothwell Drive
Sacramento, CA 95829

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Jung Hang Suh
Soo Jungh Suh
1843 Trinity Way
West Sacramento, CA 95691

In Pro Per Defendant

VIA U.S. MAIL

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In Pro Per Defendants

Jung Hang Suh
Soo Jungh Suh
3003 Mojave Dr.
West Sacramento, CA 95691
Jung Hang Suh
Soo Jungh Suh
303 Mojave Dr.
West Sacramento, CA 95691

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00015648.1

-3PROOF OF SERVICE