Doe v. Lassen Community College District, et al

Filing 95

STIPULATION and ORDER signed by Judge John A. Mendez on 7/19/10 ORDERING the Joint Pretrial Statement due 2/25/11; Final Pretrial Conference set for 3/4/2011 at 03:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez; and the Jury Trial is set for 3/4/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Carlos, K)

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TELEPHONE: [phone] / FACSIMILE: [phone]

ROBERT H. JOHNSON (SBN 048067) JENNIFER L. HIPPO (SBN 222219) JOHNSON SCHACHTER & LEWIS A Professional Law Corporation California Plaza 2180 Harvard Street, Suite 560 Sacramento, CA 95815 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LASSEN COMMUNITY COLLEGE DISTRICT

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHNSON SCHACHTER & LEWIS

2180 HARVARD STREET, SUITE 560 SACRAMENTO, CA 95815

A PROFESSIONAL LAW CORPORATION

YVONNE DEERING, Plaintiffs,

LASSEN COMMUNITY COLLEGE DISTRICT, CHRIS ALBERICO, MARY ELIZABETH ALBERICO, BERRY MURPHY and HOMER CISSELL, Defendants.

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CASE NO. 207:CV-01521-JAM-DAD STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER THEREON

__________________________________ [Fee Exempt Pursuant to Government Code §6103

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that the trial of this matter be continued from November 8, 2010, to April 18, 2011. Good cause exists for this continuance because the parties have agreed to attend mediation of this matter on August 12 and 13, 2010. If a settlement is reached in this matter on those dates, the settlement cannot be approved and finalized until January 11, 2011 during the next meeting of the Statewide Association of Community Colleges ("SWACC") Executive Committee. SWACC is the Joint Powers Authority of which the Lassen Community College District is a member and it has the ultimate authority to settle any case in which Defendant District is a party to. As such, if the trial is not continued the parties will be forced to prepare
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STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND [PROPOSED] ORDER THEREON

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for trial and possibly attend trial on a matter that will most likely be settled. Based on the foregoing, the parties request that the jury trial be continued to April 18, 2011 at 9:00 a.m. or as soon thereafter as may be permitted by the Court's calendar. The parties further request that the pretrial scheduling order be revised in accordance with the new jury trial date. These revisions to the scheduling order will permit sufficient time for the parties to negotiate and approve any settlement of this matter. The parties request that the following schedule become the new scheduling order: Joint Pretrial Statement due February 25, 2011; Final Pretrial Conference scheduled for March 4, 2011 at 3:00 p.m.; and Jury trial date April 18, 2011, at 9:00 a.m.

Dated: July 15, 2010

JOHNSON SCHACHTER & LEWIS A Professional Law Corporation

/s/ Jennifer L. Hippo ROBERT H. JOHNSON JENNIFER L. HIPPO, Attorneys for Defendant LASSEN COMMUNITY COLLEGE DISTRICT Dated: July 15, 2010 MAIRE & BURGESS

/s/ Aaron W. Moore WAYNE H. MAIRE AARON W. MOORE, Attorneys for Defendant HOMER CISSELL Dated: July 16, 2010 HAGER & HEARNE

/s/ Treva J. Hearne TREVA J. HEARNE, Attorneys for Plaintiff YVONNE DEERING /// ///
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STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND [PROPOSED] ORDER THEREON

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ORDER IT IS SO ORDERED and the pretrial scheduling order is modified as follows: 1. 2. 3. Joint Pretrial Statement shall be due February 25, 2011; Final Pretrial Conference is set for March 4, 2011, at 3:00 p.m.; and Jury trial in this matter is set for April 18, 2011, at 9:00 a.m.

/s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

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STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND [PROPOSED] ORDER THEREON

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TELEPHONE: [phone] / FACSIMILE: [phone]

PROOF OF SERVICE CASE NAME: CASE NO.: Deering v. Lassen CCD, et al. 2:07-CV-01521-JAM-DAD

I am employed in the County of Sacramento. I am over the age of eighteen years and not a party to the within above-entitled action. My business address is 2180 Harvard Street, Suite 560, Sacramento, CA 95815. I am familiar with this office's practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a United States mailbox after the close of each day's business. On the date set forth below, I served the following: STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND [PROPOSED] ORDER THEREON United States Mail - on all parties in said action by placing a true copy of the above described document(s) enclosed in a sealed envelope in the designated area for outgoing mail addressed as set forth below. By FACSIMILE (telecopier) - by personally sending to the addressee's facsimile number a true copy of the above-described document(s). X_ Electronic Service - by causing such document to be served electronically to the addresses listed below. Federal Express - on all parties in said action by placing a true copy of the abovedescribed document(s) in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business as set forth below. Personal Service - By personally delivering or causing to be delivered a true copy of the above-described document to the person(s) and at the address(es) set forth as shown below. TREVA J. HEARNE HAGER & HEARNE 245 E. Liberty St., Ste. 110 Reno, NV 89501 Telephone: [phone] Facsimile: [phone] X AARON WAYNE MOORE, ESQ. MAIRE & BURGESS 2851 Park marina Dr., Suite 300 Redding, CA 96073 Telephone: [phone] Facsimile: [phone]

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JOHNSON SCHACHTER & LEWIS

2180 HARVARD STREET, SUITE 560 SACRAMENTO, CA 95815

A PROFESSIONAL LAW CORPORATION

FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction service was made.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on July 16, 2010, at Sacramento, California. /s/ Susan M. Aldridge Susan M. Aldridge

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STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND [PROPOSED] ORDER THEREON