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

Filing 86

STIPULATION and ORDER 84 signed by Senior Judge William B. Shubb on 5/23/2013 continuing the Pretrial Conference from 6/24/2013 to 7/8/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and is subject to the same filing deadlines and requirements per prior Pretrial Order in this case. The trial date of August 6, 2013 remains unchanged. (Kirksey Smith, K)

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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: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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JOHN L. BURRIS, Esq./ State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]

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GAYLA B. LIBET, Esq./ State Bar # 109173
LAW OFFICES OF GAYLA B. LIBET
486 41st Street, # 3
Oakland, CA 94609
Telephone and Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON EUGENE DEOCAMPO; JESUS
SEBASTIAN GRANT; and JAQUEZS
TYREE BERRY,,

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Plaintiffs,

Case No. 2:06-CV-01283-WBS-CMK
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE PRE-TRIAL
CONFERENCE PENDING MEDIATOR’S
PROPOSAL

vs.
Judge: Hon. William B. Schubb
CITY OF VALLEJO, a municipal
corporation; ROBERT NICHELINI, in his
capacity as Chief of Police for the CITY
OF VALLEJO; 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; and DOES 1 through
25, inclusive ,
Defendants.

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STIPULATION AND ORDER TO CONTINUE
PTC - 2:06-CV-01283-WBS-CMK

Trial Date:

August 6, 2013

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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All parties to this action stipulate and agree, by and through their respective counsel, as
follows:
1.

The parties attended a mediation with retired Magistrate Judge James Larson on

May 21, 2013. Judge Larson is the process of issuing the parties a written mediator’s proposal
that the parties will be evaluating. The parties anticipate that further settlement discussions are
necessary.
2.

Lead trial counsel for the Plaintiffs is unavailable for all of next week, May 27th

through May 31st, for a family celebration and Plaintiffs will not be in a position to respond to the
mediator’s proposal likely before the first week of June 2013.
3.

The parties wish to continue to pre-trial conference for a brief period of time (two

weeks) to allow the parties sufficient time to fully evaluate the mediator’s proposal, without
incurring the costs and fees for extensive pretrial preparation which would be moot if all parties
accept the mediator’s proposal. It would be an ineffective waste of party resources, and judicial
time and resources, to undergo a Pre-Trial Conference and have the parties prepare all pre-trial
documents per Court orders if the parties can reach a settlement.
4.

Therefore, the parties seek the Court’s approval to continue the Pre-Trial

Conference, currently set for June 24, 2013, for two weeks to July 8, 2013, at the Court’s
convenience and availability, per the same requirements per Pretrial Orders of the court.
5.

The trial date of August 6, 2013, will not be affected by this brief continuance.

6.

The parties propose the following pre-trial schedule:

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Current Date

Proposed New Date

Pre-Trial Conference June 24, 2013

July 8, 2013

Trial August 6, 2013

No change

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STIPULATION AND ORDER TO CONTINUE
PTC - 2:06-CV-01283-WBS-CMK

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Respectfully submitted,

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Dated: May 22, 2013

LAW OFFICES OF JOHN L. BURRIS

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LAW OFFICES OF GAYLA B. LIBET
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By:
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/s/ Gayla B. Libet
John L. Burris, Esq.,DeWitt Lacy, Esq., Gayla B. Libet,
Esq.
Attorneys for Plaintiffs

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Dated: May 22, 2013
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Noah G. Blechman_
James V. Fitzgerald, III / Noah G. Blechman
Attorneys for Defendants
JASON POTTS, JEREMY PATZER and ERIC
JENSEN

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ORDER

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PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS
FOLLOWS:

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The Pre-Trial Conference, currently set for June 24, 2013, is continued to July 8, 2013 at

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2:00 p.m., subject to the same filing deadlines and requirements per prior Pretrial Order in this

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case. The trial date of August 6, 2013 remains unchanged.

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IT IS SO ORDERED
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Dated: May 23, 2013

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STIPULATION AND ORDER TO CONTINUE
PTC - 2:06-CV-01283-WBS-CMK

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