Dawe v. Corrections USA et al

Filing 602

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 re 600 ORDERING that the Stay of enforcement of the Judgment in this action is continued to August 1, 2011.(Duong, D)

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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]

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN DAWE; FLAT IRON
MOUNTAIN ASSOCIATES, LLC,
formerly known as Flat Iron Mountain
Associates, a Partnership,

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Plaintiffs,
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vs.

Case No. 2:07-cv-01790-LKK-EFB
[CONSOLIDATED MASTER CASE]
JOINT STIPULATION TO FURTHER
CONTINUE STAY OF EXECUTION OF
JUDGMENT PENDING APPEAL FOR
ONE WEEK; ORDER THEREON

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CORRECTIONS USA , a California
Corporation; et al.,
Defendants.

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[Local Rule 144(e)]
Courtroom: 4
Judge:
Hon. Lawrence K. Karlton
Trial:
July 27, 2010

AND RELATED COUNTERCLAIMS
AND CROSS-COMPLAINTS

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WHEREAS, on May 24, 2011, the Court granted Defendants’ Application for Order
Joint Stipulation to Further Continue Stay; Order Thereon
[Proposed]
300267441.1

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

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Continuing Stay of Enforcement of Judgment Pending Disposition of Defendants’ Motion to

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Allow Posting of Alternative Security (the “Application”), which sought an Order to stay the

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enforcement of the Judgment in this action for sixty (60) days to allow for hearing and disposition

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of Defendants’ Motion to Allow Posting of Alternative Security (the “Motion”) (ECF No. 586);

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WHEREAS, pursuant to the Order granting Defendants’ Application, the stay of

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enforcement of the judgment (the “Stay”) is extended to July 25, 2011;

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WHEREAS, Defendants are in the process of obtaining appraisals for the real property
that will be the subject of Defendants’ Motion and anticipate having such information next week;

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WHEREAS, as of the date of execution of this Stipulation, the Court is not available for

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civil law and motion on July 25, 2011, the date on which Defendants’ anticipated having its

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Motion heard, and the next available civil law and motion date is August 1, 2011;

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NOW, THEREFORE, IN LIGHT OF THE FOREGOING, IT IS HEREBY

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STIPULATED AND AGREED by and between Plaintiffs, on the one hand, and Defendants, on

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the other hand, by and through their respective undersigned counsel, pursuant to Local Rule

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144(e) that, the Stay is continued one week, to August 1, 2011, subject to the Court’s approval.

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Dated:

June 14, 2011

MASTAGNI, HOLSTEDT, AMICK, MILLER &
JOHNSEN

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MANATT PHELPS & PHILLIPS LLP

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By:

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/s/ Dean J. Zipser
Dean J. Zipser
Attorneys for Defendants, Corrections USA,
CCPOA, James Baiardi, and Donald Joseph
Baumann

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Dated:

June 14, 2011

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY
By:

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/s/ Daniel L. Baxter
Daniel L. Baxter
Attorneys for Plaintiffs

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Joint Stipulation to Further Continue Stay; [Proposed]
Order Thereon
300267441.1

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

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ORDER
Based on the foregoing stipulation of the parties and good cause appearing therefore, the
Stay of enforcement of the Judgment in this action is continued to August 1, 2011.

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IT IS SO ORDERED
Dated: June 15, 2011

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Joint Stipulation to Further Continue Stay; [Proposed]
Order Thereon
300267441.1

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