Eaton v. Siemens et al

Filing 210

ORDER signed by Judge Frank C. Damrell, Jr on 1/4/10 ORDERING the time is shortened on dfts' motion to stay to 1/29/10 at 10:00 AM in Courtroom 2 FCD; the Court VACATES the Final Pretrial Conference set for 1/22/10. (Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE A. SCHEIDT, State Bar No. 155088 bscheidt@kmtg.com RONALD J. SCHOLAR, State Bar No. 187948 rscholar@kmtg.com CHRISTOPHER ONSTOTT, State Bar No. 225968 constott@kmtg.com KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 400 Capitol Mall, 27th Floor Sacramento, CA 95814 Telephone: (916) 321-4500 Facsimile: (916) 321-4555 Attorneys for Defendants MARK J. SIEMENS, CARLOS A. URRUTIA, and CITY OF ROCKLIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION RICK EATON, Plaintiff, v. MARK J. SIEMENS, an individual and in his capacity as Chief of Police, CARLOS A. URRUTIA, an individual and in his capacity as City Manager, CITY OF ROCKLIN, a public municipality and public entity, Defendants. CASE NO. 2:07-cv-00315-FCD-KJM ORDER RE: EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR AND TO SPECIALLY SET DEFENDANTS' MOTION FOR STAY PENDING APPEAL [Local Rule 144(e)] Ctrm.: 2 The Honorable Frank C. Damrell PRETRIAL CONF.: January 22, 2010 TRIAL DATE: March 23, 2010 Defendants MARK J. SIEMENS, CARLOS A. URRUTIA and CITY OF ROCKLIN ("Defendants") ex parte application for an order shortening time to hear and to specially set Defendants' Motion for a Stay Pending Appeal having been duly considered by the Court, and good cause appearing therefore; IT IS HEREBY ORDERED that time is hereby shortened and Defendants' Motion for a Stay Pending Appeal be set for hearing in Courtroom 2 of the United States District Court, located at 501 "I" Street, Sacramento, California, before The Honorable Frank C. Damrell, -12:07-cv-00315-FCD-KJM ORDER RE: EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR AND TO SPECIALLY SET DEFENDANTS' MOTION FOR STAY PENDING APPEAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jr. on January 29, 2010 at 10:00 a.m. IT IS FURTHER ORDERED that Defendants' Motion for a Stay Pending Appeal which is attached as Exhibit B to Defendants' Ex Parte Application to Shorten Time is deemed filed effective December 31, 2009 and need not be refiled. Plaintiff's opposition to the Motion for a Stay Pending Appeal shall be filed and served no later than January 15, 2010. Defendants' reply to Plaintiff's opposition the Motion for a Stay Pending Appeal shall be filed and served no later than January 22, 2010. As a result of this order, the Court VACATES the Final Pretrial Conference set for January 22, 2010. The parties are not required to file a joint final pretrial conference statement at this time. The Court will reset the Final Pretrial Conference, if necessary, in its order ruling on Defendants' Motion for a Stay Pending Appeal. IT IS SO ORDERED. Date: January 4, 2010 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE -2- 2:07-cv-00315-FCD-KJM ORDER RE: EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR AND TO SPECIALLY SET DEFENDANTS' MOTION FOR STAY PENDING APPEAL

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