Mendoza v. Cate

Filing 89

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/15 ordering the 08/17/15 in the above-captioned matter is vacated and a status conference will be held on 10/30/15 at 10:00 a.m. in the courtroom of undersigned. (Plummer, M)

4

MICHAEL B. BIGELOW
Attorney at Law SBN 65211
331 J Street, Suite 200
Sacramento, CA 95814
[phone]
[e-mail]

5

Attorney for Arquimedes Mendoza

1
2
3

6

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

7
8
9

ARQUIMEDES MENDOZA,
Plaintiff,

10
11

v.

12

MATHEW CATE,

13

Defendant.

14
15
16
17

)
)
)
)
)
)
)
)
)
)

No. CIV 09-01710 MCE DAD
STIPULATION AND [PROPOSED]
ORDER TO VACATE EVIDENTIARY
HEARING AND RESET MATTER FOR
STATUS CONFERENCE

An evidentiary hearing in this matter is presently scheduled
for August 17, 2015. The parties have met and conferred and have
agreed to vacate that date and have also agreed to schedule a

18
19

status conference on October 30, 2015. The parties jointly request

20

this Court grant their request. Should the Court wish another

21

date, the parties shall of course accommodate the Court’s

22

schedule.

23

This request is necessitated by the fact undersigned is

24

scheduled for certain medical tests on the date currently
25
26
27

scheduled hearing and, thus, the evidentiary hearing should be
rescheduled thereafter.

28

-1-

1

Accordingly, it is respectfully requested by both parties

2

that the evidentiary hearing date be vacated and that a status

3

conference should be reset for October 30, 2015, or a date more

4
5
6

convenient to the Court.
Dated: August 12, 2015

Respectfully submitted,

7

/s/ Michael B. Bigelow
MICHAEL BIGELOW
Attorney for Petitioner

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-

1

IT IS SO STIPULATED

2

/S/Michael B. Bigelow
MICHAEL B. BIGELOW
Attorney for Petition

Dated: August 12, 2015

/s/ Kevin Quade
KEVIN QUADE
Attorney for Respondent

Dated: August 12, 2015

3
4
5
6
7
8
9
10

ORDER
IT IS HEREBY ORDERED THAT, pursuant to the stipulation of the

11
12
13

parties, the August 17, 2015 evidentiary hearing in the abovecaptioned matter is vacated and a status conference will be held

14

on October 30, 2015, at 10:00 a.m. in the courtroom of the

15

undersigned.

16

Dated:

August 12, 2015

17
18
19
20
21
22

dad1.habeas
mendoza1710.stip(2)

23
24
25
26
27
28

-3-