Attebery et al v. Placer County et al

Filing 48

STIPULATION and ORDER signed by Judge John A. Mendez on 10/28/2009 GRANTING 46 Motion; Court will continue hearing date for Motion for Summary Judgment to 1/6/2010 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Suttles, J)

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CRIS C. VAUGHAN, ESQ. SBN 99568 VAUGHAN & ASSOCIATES 6207 South Walnut Street, Suite 800 Loomis, CA 95650 Telephone: [phone] Facsimile: 916-660-9378 Attorneys for Defendant COUNTY OF PLACER PAUL L. REIN, ESQ. SBN 43053 CELIA McGUINNESS, ESQ. SBN 159420 LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: [phone] Facsimile: 510-832-4787 Attorneys for Plaintiffs, ROBERT ATTEBERY and STEVEN PROE STEPHEN E. HORAN, ESQ. SBN 125241 NOAH M. BEAN, ESQ. SBN 257657 PORTER, SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 Telephone: [phone] Facsimile: 916-927-3706 Attorneys for Defendant CITY OF ROSEVILLE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CASE NO. 08-CV-01778-JAM-JFM

Joint Stipulation and Proposed Order

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ROBERT ATTEBERY AND STEVEN PROE, Plaintiffs, v. PLACER COUNTY; CITY OF ROSEVILLE; SUPERIOR COURT OF CALIFORNIA; and DOES 1-10, Inclusive, Defendants.

JOINT STIPULATION AND TO CONTINUE HEARING DATE FOR DEFENDANT PLACER COUNTY'S MOTION FOR SUMMARY JUDGMENT

Defendants, COUNTY OF PLACER and CITY OF ROSEVILLE and Plaintiffs ROBERT ATTEBERY and STEPHEN PROE by and through their respective counsel, hereby request the Court to continue the Motion for Summary Judgment filed by Defendant COUNTY OF PLACER currently set for hearing on November 18, 2009 at 9:0 a.m. to January 6, 2010 at 9:00 a.m. Good cause exists for the continuance: 1. On October 13, 2009, Plaintiff sent a settlement offer to Defendant, CITY

OF ROSEVILLE, who has accepted the offer and settlement documents are being drafted. 2. On October 22, 2009, Plaintiff sent a settlement offer to Defendant,

COUNTY OF PLACER, who is considering the offer which must be approved by the Placer County Board of Supervisors. 3. Because the parties are actively pursuing settlement discussions, there is

no need for Plaintiffs' attorneys to incur any additional attorneys' fees in preparing an

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opposition to Defendant, COUNTY OF PLACER's, Motion for Summary Judgment if the case is going to settle soon. 4. Therefore, all parties join in requesting a continuance of the presently set

Motion for Summary Judgment to January 6, 2010 at 9:00 a.m. RESPECTFULLY SUBMITTED, Dated: October 27, 2009 VAUGHAN & ASSOCIATES

/s/ Cris C. Vaughan Cris C. Vaughan Attorneys for Defendant, COUNTY OF PLACER Dated: October 27, 2009 LAW OFFICES OF PAUL L. REIN

/s/ Paul L Rein Paul L. Rein Attorneys for Plaintiffs, ROBERT ATTEBERY and STEPHEN PROE

Dated: October 27, 2009

PORTER, SCOTT

/s/ Noah Bean Noah M. Bean Attorneys for Defendant, CITY OF ROSEVILLE

Joint Stipulation and Proposed Order

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ORDER Good cause having been shown, the parties' stipulation and request that the Court continue the hearing date for the Motion for Summary Judgment from November 18, 2009 to January 6, 2010 at 9:00 a.m. in Courtroom 6 is hereby GRANTED. If the parties file notice of settlement before January 6, 2010, the hearing will be vacated. IT IS SO ORDERED.

Dated: October 28, 2009

/s/ John A. Mendez_________ JOHN A. MENDEZ United States District Judge

Joint Stipulation and Proposed Order

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