Deocampo, et al. v. City of Vallejo, et al.

Filing 173

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/11/13 ORDERING that the time for Plaintiffs to file a Motion for Attorneys' fees, and any hearing on the Attorneys' fees Motion is CONTINUED. Any Motion for Attorneys' fees filed by Plaintiffs shall be filed and heard consistent with the briefing schedule noted in the Stipulation of the parties. The hearing on any such Motion is SET for 2/10/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 9 JOHN L. BURRIS, Esq., (SBN 69888) DEWITT M. LACY, Esq., (SBN 258789) THE LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 john.burris@johnburrislaw.com dewitt.lacy@johnburrislaw.com GAYLA B. LIBET, Esq. (SBN 109173) LAW OFFICE OF GAYLA B. LIBET 486 41st Street, # 3 Oakland, CA 94609 Telephone and Facsimile: (510) 420-0324 10 Attorneys for Plaintiffs 11 JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 1211 Newell Avenue Walnut Creek, CA 94596 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 12 13 14 15 16 Attorneys for Defendant JASON POTTS, JEREMY PATZER and ERIC JENSEN 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA 19 20 21 JASON EUGENE DEOCAMPO; JESUS SEBASTIAN GRANT; and JAQUEZS TYREE BERRY, 22 23 24 25 26 27 28 Case No.: 2:06-CV-01283-WBS-CMK STIPULATION CONTINUNING ATTORNEYS’ FEES MOTION AND HEARING Plaintiffs, vs. Trial date: August 26, 2013 JASON POTTS, individually, and in his capacity as a Vallejo police officer; JEREMY PATZER, individually, and in his capacity as a Vallejo police officer; ERIC JENSEN, individually, and in his capacity as a Vallejo police officer Department 5 Honorable William B. Schubb Defendants. STIPULATION AND (PROPOSED) ORDER CONTINUING FILING DATE AND HEARING ON ATTTORNEYS’ FEES MOTION CASE NO. 2:06-CV-01283-WBS-CMK 1 1 STIPULATION 2 The parties to the above-entitled action hereby stipulate to the following: 3 WHEREAS the parties have agreed to enlarge the time for the parties’ to file their respective 4 motions for attorneys’ fees from September 6, 2013, until November 6, 2013. 5 WHEREAS the parties have agreed to enlarge the time to file an opposition and/or reply brief 6 to any motion for attorneys’ fees. Oppositions to any motion for attorneys’ fees shall be filed no later 7 than December 6, 2013. Reply brief’s for any motion for attorneys’ fees will be filed no later than 8 December 20, 2013. 9 WHEREAS the parties have agreed to continue the hearing for any motion for attorneys’ fees 10 until January 27, 2014, or another date soon thereafter that is convenient for the Court and the parties. 11 WHEREAS the Plaintiffs have agreed to suspend execution of any judgment in this matter 12 until after any hearing for a motion to award attorneys’ fees and any determination as to whether any 13 judgment will be subject to a reduction due to the City of Vallejo’s bankruptcy status. 14 WHEREAS good cause for the proposed modification of the Court’s post-trial motions 15 schedule is based on the continuing accrual of attorneys’ fees incurred in the course of litigating and 16 arguing post-trial motions, as may be dependent on the outcome of any post-trial motions, avoiding 17 duplication of efforts in filing multiple attorney fee applications, and any appeals that may arise from 18 the disposition of post-trial motions. 19 IT IS SO STIPULATED. 20 Respectfully submitted, 21 22 Dated: September 6, 2013 _____/s/___DeWitt M. Lacy_______________ DeWitt M. Lacy Attorney for Plaintiffs Dated: September 6, 2013 _____/s/___Noah Blechman____________ Noah Blechman Attorney for Defendants STIPULATION AND (PROPOSED) ORDER CONTINUING FILING DATE AND HEARING ON ATTTORNEYS’ FEES MOTION CASE NO. 2:06-CV-01283-WBS-CMK 2 23 24 25 26 27 28 ORDER 1 2 Pursuant to th Parties’ Stipulation, good cause sh he g hown, the C Court hereby orders that t time the 3 for Plaint tiffs to file a motion for attorneys’ fe and any hearing on the attorney fees motio is ees, y ys’ on 4 hereby co ontinued. Any motion for attorneys fees filed b Plaintiffs shall be file and heard A f s’ by s ed d 5 6 consisten with the br nt riefing sched noted in the stipulat dule n tion of the p parties. The hearing on a such any motion is set for Feb s bruary 10, 20 2014, at 2:00 p.m. w Judge S 014, t with Shubb. 7 8 9 IT IS SO ORDERED O D Dated: September 11, 2013 S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULAT TION AND (P PROPOSED) ORDER O CONTINU UING FILING DATE AND HEARING ON H N ATTTORN NEYS’ FEES MOTION M CASE NO. 2:06-CV-012 283-WBS-CM MK 3

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