Antoine v. County of Sacramento

Filing 270

STIPULATION and ORDER signed by Judge William B. Shubb on 3/9/11 ORDERING the hearing on plaintiff's motion for attorney's fees and expenses, previously set for March 28, 2011, shall be continued to April 25, 2011, at 2:00 p.m. Completion of the briefing on the motion, if necessary, shall be due as follows: Defendants' opposition shall be due on April 4, 2011; Plaintiff's reply shall be due on April 18, 2011. (Becknal, R)

Antoine v. County of Sacramento

Doc. 270

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Amitai Schwartz (State Bar No. 55187) Moira Duvernay (State Bar No. 233279) Law Office of Amitai Schwartz Watergate Towers 2000 Powell Street, Suite 1286 Emeryville, CA 94608 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff DON ANTOINE RANDOLPH CREGGER & CHALFANT LLP ROBERT L. CHALFANT, State Bar No. 203051 [e-mail] WENDY MOTOOKA, State Bar No. 233589 [e-mail] 1030 G Street Sacramento, CA 95814 Phone: [phone] Fax: [phone] Attorneys for Defendants DARIN GRIEM, CHRIS BAKER, JOSEPH REEVE, BRIAN WADE, and CHRISTOPHER BRITTON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DON ANTOINE, Plaintiff, vs. COUNTY OF SACRAMENTO, DARIN GRIEM, CHRIS BAKER, JOSEPH REEVE, BRIAN WADE, CHRISTOPHER BRITTON, and DOES 1 to 25, inclusive, Defendants.

No. 2:06-cv-01349-WBS-GGH SECOND STIPULATION TO CONTINUE HEARING DATE ON PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND EXPENSES (FROM MARCH 28, 2011 TO APRIL 25, 2011); AND PROPOSED ORDER THEREON Date: March 28, 2011 Time: 2:00 p.m. Courtroom: 5, 14th Floor Judge: Hon. William B. Shubb

WHEREAS plaintiff Don Antoine filed a motion for attorney's fees on appeal on

RANDOLPH CREGGER & CHALFANT LLP 1030 G St. Sacramento, CA 95814 [phone]

SECOND STIP. TO CONTINUE FEE MOTION HEARING DATE Case No. 2:06-CV-01349

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December 15, 2010, in the United States Court of Appeals for Ninth Circuit; WHEREAS defendants Darin Griem, Chris Baker, Joseph Reeve, Brian Wade, and Christopher Britton have opposed that motion; WHEREAS the dispute over the motion for fees on appeal has been referred to the Ninth Circuit mediator; WHEREAS plaintiff filed a motion for attorney's fees on January 13, 2011, in the United States District Court for the Eastern District of California, and set the hearing date on that motion for March 14, 2011, at 2:00 p.m.; WHEREAS defendants also intend to oppose the motion for attorney's fees before the district court as well; and WHEREAS the parties are now working with the Ninth Circuit mediator to achieve a global settlement of all remaining issues in this case, including the amount of fees on appeal and the amount of fees on the merits; WHEREAS, the parties previously stipulated and the court ordered the hearing on the motion for district court fees continued to March 28, 2011; and, WHEREAS, the parties have continued negotiating a global settlement and have now agreed to an in person mediation session with the Ninth Circuit mediator, Margaret Corrigan, but the earliest available in person mediation date is March 17, 2011; THEREFORE the parties hereby stipulate, through their counsel of record, as follows: 1. Subject to the approval of the Court, the parties agree to continue the hearing date

on plaintiff's motion for attorney's fees on the merits from March 28, 2011, to April 25, 2011, at 2:00 p.m.; and 2. The parties further agree that completion of the briefing on the motion before the

district court, if necessary, shall be continued as follows: a. Defendants' opposition shall be due on April 4, 2011, twenty-one (21) days

before the continued hearing date; and b. Plaintiff's reply shall be due on April 18, 2011, seven (7) days before the

continued hearing date, as set forth in Local Rule 230(d).

RANDOLPH CREGGER & CHALFANT LLP 1030 G St. Sacramento, CA 95814 [phone]

SECOND STIP. TO CONTINUE FEE MOTION HEARING DATE Case No. 2:06-CV-01349

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IT IS SO STIPULATED.

DATE: March 4, 2011

Law Offices of Amitai Schwartz

_/s/ Amitai Schwartz _________________ Amitai Schwartz Attorneys for Plaintiff

DATE: March 4, 2011

RANDOLPH CREGGER & CHALFANT LLP

_/s/ Robert L. Chalfant _________________ Robert L. Chalfant Attorneys for Defendants

[PROPOSED] ORDER After considering the Stipulation by and between the parties through their counsel of record, IT IS HEREBY ORDERED THAT: 1. The hearing on plaintiff's motion for attorney's fees and expenses, previously set

for March 28, 2011, shall be continued to April 25, 2011, at 2:00 p.m. Completion of the briefing on the motion, if necessary, shall be due as follows: a. b. Defendants' opposition shall be due on April 4, 2011. Plaintiff's reply shall be due on April 18, 2011.

IT IS SO ORDERED. DATE: March 9, 2011

RANDOLPH CREGGER & CHALFANT LLP 1030 G St. Sacramento, CA 95814 [phone]

SECOND STIP. TO CONTINUE FEE MOTION HEARING DATE Case No. 2:06-CV-01349

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