Dawe v. Corrections USA et al

Filing 522

JOINT STIPULATION and ORDER 521 signed by Senior Judge Lawrence K. Karlton on 11/1/2010 ORDERING Defendants shall file their Motion to Stay on Monday, November 1, 2010; Motion Hearing set for 11/8/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; and Plaintiffs' response to Defendants' Motion to Stay shall be filed no later than November 4, 2010 at 9:00 a.m. (Matson, R)

Dawe v. Corrections USA, et al

Doc. 522

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DAVID P. MASTAGNI, ESQ. (SBN 057721) JAMES B. CARR, ESQ. (SBN 053274) PHILLIP MASTAGNI, ESQ. (SBN 238254) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation 1912 "I" Street Sacramento, California 95811 Telephone: [phone] Facsimile: [phone] THOMAS J. UMBERG (SBN 94345) DEAN J. ZIPSER (SBN 94680) ADINA L. WITZLING (SBN (211719) MANATT PHELPS & PHILLIPS, LLP 695 Town Center Drive, 14th Floor Costa Mesa, CA 92626-1924 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Corrections USA, a California Corporation, California Correctional Peace Officers Association, a California Corporation, Donald Joseph Baumann, and James Baiardi UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as Flat Iron Mountain Associates, a Partnership, Plaintiffs, vs. CORRECTIONS USA , a California Corporation; et al., Defendants.

Case No. 2:07-cv-01790-LKK-EFB [CONSOLIDATED MASTER CASE] JOINT STIPULATION SHORTENING TIME ON DEFENDANTS' MOTION FOR STAY OF ENFORCEMENT OF JUDGMENT PENDING DISPOSITION OF POST-TRIAL MOTIONS; ORDER THEREON [Local Rule 144(e)] Courtroom: 4 Judge: Hon. Lawrence K. Karlton Trial: July 27, 2010

AND RELATED COUNTERCLAIMS AND CROSS-COMPLAINTS
Joint Stipulation Shortening Time on Defendants' Motion for Stay; [Proposed] Order Thereon 300169428.2 DAWE, et al. v. CORRECTIONS USA, et al. USDC, EDCA Case No.: 2:07-cv-01790

Dockets.Justia.com

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WHEREAS, the Court entered judgment in this action on October 25, 2010; WHEREAS, Defendants Corrections USA ("CUSA"), California Correctional Peace Officers Association ("CCPOA"), Donald Joseph Baumann ("Baumann"), and James Baiardi ("Baiardi), (collectively, "Defendants") will be filing post-trial motions, but those motions will not be heard until after the "automatic stay" on the execution of the judgment pursuant to FRCP 62(a) expires on November 8, 2010; WHEREAS, Defendants are filing a "Motion for Stay of Enforcement of Judgment Pending Disposition of Post-Trial Motions," wherein they are requesting an order staying execution of judgment without security until after the disposition of Defendants' post-trial motions, plus 30 days, to allow Defendants' sufficient time to obtain the appropriate security; WHEREAS, given the November 8, 2010, expiration of the automatic stay, Defendants wish to have their Motion to Stay heard on shortened time; WHEREAS, after reviewing a courtesy copy of the Motion to Stay, Plaintiffs have consented to the matter being heard on shortened time; /// /// /// /// /// /// /// /// /// /// /// /// /// ///
Joint Stipulation Shortening Time on Defendants' Motion for Stay; [Proposed] Order Thereon 300169428.2

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DAWE, et al. v. CORRECTIONS USA, et al. USDC, EDCA Case No.: 2:07-cv-01790

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: Dated:

NOW, THEREFORE, IN LIGHT OF THE FOREGOING, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, on the one hand, and Defendants, on the other hand, by and through their respective undersigned counsel, pursuant to Local Rule 144(e) that Defendants' Motion to Stay may be heard on shortened time, prior to November 8, 2010, subject to the Court's availability. November 1, 2010 MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN MANATT PHELPS & PHILLIPS LLP By: /s/ Thomas J. Umberg Thomas J. Umberg Attorneys for Defendants, Corrections USA, CCPOA, James Baiardi, and Donald Joseph Baumann WILKE, FLEURY, HOFFELT, GOULD & BIRNEY By: /s/ Daniel L. Baxter Daniel L. Baxter Attorneys for Plaintiffs

November 1, 2010

ORDER Based on the foregoing stipulation of the parties and good cause appearing therefor: 1. 2. at 10:00 a.m. 3. Plaintiffs' response to Defendants' Motion to Stay shall be filed no later than Defendants shall file their Motion to Stay on Monday, November 1, 2010. The hearing on Defendants' Motion to Stay shall take place on November 8, 2010

November 4, 2010 at 9:00 a.m. IT IS SO ORDERED Dated: November 1, 2010

Joint Stipulation Shortening Time on Defendants' Motion for Stay; [Proposed] Order Thereon 300169428.2

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DAWE, et al. v. CORRECTIONS USA, et al. USDC, EDCA Case No.: 2:07-cv-01790