Miller v. City of Sacramento et al

Filing 20

ORDER signed by Judge Frank C. Damrell, Jr on 04/01/09 GRANTING 19 Stipulation. Final Pretrial Conference set for 6/19/2009 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 9/1/2009 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Streeter, J)

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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 EILEEN M. TEICHERT, City Attorney (SBN 167027) CHANCE L. TRIMM, Senior Deputy City Attorney (SBN 139982) CTrimm@cityofsacramento.org CITY OF SACRAMENTO Mailing: P.O. Box 1948, Sacramento, CA 95812-1948 Office: 915 I Street, 4th Floor, Sacramento, CA 95814 Telephone: (916) 808-5346 Telecopier: (916) 808-7455 Attorneys for Defendants CITY OF SACRAMENTO, PAUL SCHINDLER, VONDA WALKER, DENISE PHILLIPS, DEREK STIGERTS and BARRY LEE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA KEVIN MILLER Plaintiff, vs. CITY OF SACRAMENTO, PAUL SCHINDLER, V. WALKER, D. PHILLIPS, D. STIGERTS, B. LEE, Defendants. Case No. 2:07-CV-00765-FCD-KJM STIPULATION AND ORDER TO CONTINUE FINAL PRE-TRIAL CONFERENCE AND TRIAL The parties to this litigation are in the process of attempting to finalize a global resolution of this matter. The parties believe additional time will be necessary in order to work out the details of the resolution of this case. For these reasons, all parties, by and through their counsel of record hereby stipulate and request that the Final Pre-Trial Conference (now scheduled for April 17, 2009) and trial (now scheduled for June 16, 2009) both be continued for a period of 60 days. The parties stipulate and request, by and through their counsel, the Final Pre-Trial Conference be continued to an available date on the court's docket in June of 2009. The parties also stipulate and request the trial of this case be 1 103780 STIPULATION AND ORDER TO CONTINUE FINAL PRE-TRIAL CONFERENCE AND TRIAL 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 continued to an available date on the court's docket in August of 2009. The parties contend there is good cause to continue the dates for the Final Pre-Trial Conference and trial in order to allow the parties additional time to work out the details of resolution of this case. Assuming this case cannot be resolved before the Final Pre-Trial Conference, plaintiffs agree defendants may take the depositions of Mr. and Mrs. Miller that were previously taken off calendar by defendants before the discovery cut-off in contemplation of the resolution of this matter. Continuance of both the Final Pre-Trial Scheduling Conference and trial is in the best interests of all parties, justice and judicial economy. DATED: March 31, 2009 EILEEN M. TEICHERT, City Attorney By: /s/ Chance L. Trimm CHANCE L. TRIMM Senior Deputy City Attorney Attorneys for the CITY OF SACRAMENTO, PAUL SCHINDLER, VONDA WALKER, DENISE PHILLIPS, DEREK STIGERTS and BARRY LEE DATED: March 31, 2009. LAW OFFICES OF STEWART KATZ By: /s/ Stewart Katz STEWART KATZ Attorneys for Plaintiff KEVIN MILLER /// /// /// 2 103780 STIPULATION AND ORDER TO CONTINUE FINAL PRE-TRIAL CONFERENCE AND TRIAL 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 DATED: April 1, 2009 ORDER Pursuant to stipulation and request of the parties and good cause appearing, the date previously scheduled for the Final Pre-Trial Conference (April 17, 2009) is hereby vacated. The date previously scheduled for the trial of this case (June 16, 2009) is also hereby vacated. The Final Pre-Trial Conference shall take place on June 19, 2009, at 2:00 p.m. The trial of this case shall commence on September 1, 2009, at 9:00 a.m. _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 3 103780 STIPULATION AND ORDER TO CONTINUE FINAL PRE-TRIAL CONFERENCE AND TRIAL

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