Parkison v. Butte County Sheriff's Dept. et al

Filing 73

STIPULATION and ORDER to Modify Order Continuing Trial signed by Chief Judge Morrison C. England, Jr on 11/30/12. (Mena-Sanchez, L)

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ELLEN C. DOVE (SBN 64034)
5325 Elkhorn Blvd., #160
Sacramento, CA 95842
Telephone No. [phone]
Facsimile No. [phone]

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Attorney for Plaintiff

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MICHAEL R. DEEMS SBN: 121413
Law Offices of Deems & Keller, LLP
55 Independence Circle, Suite 106
Chico, CA 95973
[phone]
Fax: [phone]

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BRUCE S. ALPERT SBN: 075684
Butte County Counsel
25 County Center Drive, Suite 210
Oroville, California 95965
[phone]
Fax: [phone]
Attorneys for Defendants
BUTTE COUNTY SHERIFF’S DEPT.,
C.O. MARTEN AND CAPTAIN JERRY JONES

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JEROME M. VARANINI (SBN 58531)
Trimble, Sherinian & Varanini
2500 Venture Oaks Way, Suite 350
P.O. Box 590
Sacramento, CA 95812-0590
Telephone: [phone]

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Attorneys for Defendant
CALIFORNIA FORENSIC MEDICAL GROUP, INC.

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STIPULATION TO
CONTINUE TRIAL DATE
CV-09-02257-MCE-DAD P

UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GRANT S. PARKISON, JR., and Roes 110
Plaintiffs,

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v.

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BUTTE COUNTY SHERIFF’S DEPT.,
CORRECTIONAL OFFICER MARTEN,
CAPTAIN JERRY JONES, and DOES 1
through 20,

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CASE NO. 2:09-cv-02257 MCE DAD P
STIPULATION AND ORDER TO MODIFY
ORDER CONTINUING TRIAL
Trial Date:
Time:
Judge:

March 18, 2013
9:00 a.m.
Hon. Morrison C. England, Jr.

Defendants.

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Plaintiff Grant S. Parkison, Defendants Butte County Sheriff’s Department, Correctional

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Officer Martin, Captain Jerry Jones (County Defendants) and California Forensic Medical Group,

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Inc. (CFMG) hereby stipulate and request that the Court modify the Order Continuing Trial (Docket

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No. 71) filed on October 3, 2012, due to the fact that counsel for plaintiff and counsel for the County

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Defendants have another trial scheduled to commence the same day before this Court. Counsel for

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defendant CFMG is willing to accommodate this request. This stipulation is filed pursuant to Federal

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Rule of Civil Procedure Rule 16(b)(4), Local Rules 143 and 144, on good cause as explained herein.

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No previous requests for modification of the scheduling order or for extensions of time have been

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made in this matter. The parties propose that trial be postponed to May 2013 or later, and that the

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pre-trial conference be continued to occur approximately thirty days before the continued trial date.

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Both plaintiff counsel Ellen Dove and defense counsel Michael R. Deems represent plaintiffs

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and defendants respectively in a lawsuit pending before this Court, Donald Nelson, et al. v. Butte

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County Sheriff’s Dept., et al., Case No. 2:09-CV-02776 JAM EFB P. On August 7, 2012, Honorable

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Magistrate Judge Edmund F. Brennan scheduled the Nelson v. Butte County Sheriff’s Dept. matter

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for trial to commence at 9:00 a.m. on March 18, 2013.

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Ms. Dove also represents plaintiff Grant S. Parkison and Mr. Deems represents the County

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Defendants in the above captioned case. On October 3, 2012, an Order setting trial was filed in this

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matter, setting trial to begin March 18, 2013, before this Court. Therefore, there is good cause to
STIPULATION TO
2.
CONTINUE TRIAL DATE
CV-09-02257-MCE-DAD P

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move the trial date in this matter so that Ms. Dove and Mr. Deems can be available for trial in both

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cases.

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Plaintiff’s attorney Ellen Dove also is plaintiff counsel in Sacramento County Superior Court
case, Fowler v. City of Citrus Heights which is scheduled to commence trial on March 12, 2013.

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Based on the foregoing, both plaintiff and the County Defendants respectfully request that
the Court continue the trial date in this matter, as well as all deadlines related to the trial date.
Dated: November 30, 2012

LAW OFFICE OF ELLEN DOVE

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By: /s/ Ellen C. Dove

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ELLEN C. DOVE
Attorney for Plaintiff
(as authorized November 9, 2012)

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Dated: November 30, 2012

DEEMS & KELLER, LLP

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By: /s/ Michael R. Deems

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MICHAEL R. DEEMS
Attorneys for County Defendants

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Dated: November 30, 2012

TRIMBLE, SHERINIAN & VARANINI

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By: /s/ Jerome M. Varanini

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JEROME M. VARANINI
Attorney for Defendant California
Forensic Medical Group, Inc.
(as authorized November 16, 2012)

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IT IS SO ORDERED.

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Dated: November 30, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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STIPULATION TO
CONTINUE TRIAL DATE
CV-09-02257-MCE-DAD P

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