Berg v. Kazalec et al

Filing 50

ORDER signed by Magistrate Judge Kendall J. Newman on 10/28/11 ORDERING that the hearing on defendants pending Motion to Dismiss/Sever, previously set for November 10, 2011, shall be continued to December 8, 2011, at 10:00 a.m. The deadlines for Plai ntiffs opposition and Defendants reply for the Motion to Dismiss/Sever shall be based off the new hearing date of December 8, 2011; Defendant Sacramento County Sheriffs Department shall have an extension of time to file its initial responsive pleading or motion in this action. The Countys responsive pleading or motion is now due on November 29, 2011. Plaintiffs 48 request for an extension of time to serve defendants Islas and Kendrick is GRANTED.(Dillon, M)

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RANDOLPH CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, State Bar No. 203051
[e-mail]
WENDY MOTOOKA, State Bar No. 233589
[e-mail]
1030 G Street
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
Attorneys for Defendants SACRAMENTO
COUNTY SHERIFF’S DEPARTMENT, DEPUTY
TODD, DEPUTY TUCKER, DEPUTY
YOUNGBERG, DEPUTY ROSALES, DEPUTY
CATER, DEPUTY MROZINSKI and DEPUTY
KACALEK
DOWNEY BRAND LLP
FRANK E. NOEY (Bar No. 249676)
JULIANNE R. KAY (Bar No. 267158)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DAVID JOHN BERG

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID JOHN BERG,
Plaintiff,

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STIPULATION FOR CONTINUANCE
OF HEARING AND TO EXTEND
DEFENDANT COUNTY’S TIME TO
FILE A RESPONSIVE PLEADING OR
MOTION; [PROPOSED] ORDER

v.

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No. 2:09-CV-01492 MCE KJN P

JOHN DOES; DEPUTY KAZALEC;
DEPUTY ISLAS; DEPUTY YOUNGBERG;
DEPUTY TUCKER; DEPUTY KENDRICK;
DEPUTY CATOR; DEPUTY MROZINSKI;
DEPUTY TODD; DEPUTY ROSALES,

Date:

November 10, 2011
December 8, 2011
Time:
10:00 A.M.
Courtroom: 25, 8th Floor
Judge:
The Hon. Kendall J. Newman

Defendants.

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WHEREAS the hearing on the motion to dismiss and to sever the First Amended

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Complaint (hereinafter referred to as “Motion to Dismiss/Sever”), brought by defendants

RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

STIPULATION FOR CONTINUANCE AND
EXTENSION; [PROPOSED] ORDER
Case No. 2:09-cv-01492 MCE KJN
1195575.1

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DEPUTY TODD, DEPUTY TUCKER, DEPUTY YOUNGBERG, DEPUTY ROSALES,

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DEPUTY CATER, DEPUTY MROZINSKI and DEPUTY KACALEK, is currently set for

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November 10, 2011;

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WHEREAS PLAINTIFF DAVID JOHN BERG’s First Amended Complaint adds a newly

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named defendant, SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, whose initial

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responsive pleading or motion is currently due on November 1, 2011;

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WHEREAS the parties are currently engaged in settlement negotiations that may fully
resolve this case within the next few weeks; and

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WHEREAS the parties seek to reduce litigation costs and the expenditure of Court
resources by abating all motions practice that would be mooted by settlement;

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THEREFORE, the parties now hereby stipulate through their counsel of record, as
follows:

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1.

Subject to Court approval, the parties agree to continue the hearing date on the

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currently pending Motion to Dismiss/Sever from November 10, 2011, to December 8, 2011, at

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10:00 a.m.;

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2.

The deadlines for Plaintiff’s opposition and Defendant’s reply for the Motion to

Dismiss/Sever will be based off the new hearing date of December 8, 2011;

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3.

The parties further agree that the newly named defendant, SACRAMENTO

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COUNTY SHERIFF’S DEPARTMENT, shall have a four-week extension of time to file its

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initial responsive pleading or motion, which is presently due on November 1, 2011. Pursuant to

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this stipulation, the County’s initial responsive pleading or motion in this action shall be due on

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November 29, 2011.

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//

RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

STIPULATION FOR CONTINUANCE AND
EXTENSION; [PROPOSED] ORDER
Case No. 2:09-cv-01492 MCE KJN
1195575.1

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IT IS SO STIPULATED.
DATE: October 26, 2011

DOWNEY BRAND LLP

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_____/s/ Julianne R. Kay_______
Frank E. Noey
Julianne R. Kay
Attorneys for Plaintiff

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DATE: October 26, 2011

RANDOLPH CREGGER & CHALFANT LLP

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_______/s/ Wendy Motooka____________
Robert L. Chalfant
Wendy Motooka
Attorneys for Defendants

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[PROPOSED] ORDER

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After considering the Stipulation by and between the parties through their counsel of

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record, IT IS HEREBY ORDERED THAT:

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1.

November 10, 2011, shall be continued to December 8, 2011, at 10:00 a.m.

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The hearing on defendants’ pending Motion to Dismiss/Sever, previously set for

2.

The deadlines for Plaintiff’s opposition and Defendant’s reply for the Motion to

Dismiss/Sever shall be based off the new hearing date of December 8, 2011;

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3.

Defendant Sacramento County Sheriff’s Department shall have an extension of

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time to file its initial responsive pleading or motion in this action. The County’s responsive

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pleading or motion is now due on November 29, 2011.

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IT IS FURTHER ORDERED that plaintiff’s request for an extension of time to serve

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defendants Islas and Kendrick (Dkt. No. 48) is GRANTED.

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SO ORDERED.
DATED: October 28, 2011

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/s/ Kendall J. Newman
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
[phone]

Berg1492.stip.ord.10.27.11
STIPULATION FOR CONTINUANCE AND
EXTENSION; [PROPOSED] ORDER
Case No. 2:09-cv-01492 MCE KJN
1195575.1

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