Wilson v. City of Vallejo et al

Filing 35

STIPULATION and ORDER 34 for continuance signed by Judge John A. Mendez on 10/2/2013. The Pretrial Conference is RE-SET for 11/1/2013 at 10:00 AM and Jury Trial is RE-SCHEDULED for 2/24/2014 at 9:00 AM in Courtroom 6 (JAM). A Joint Pretrial Conference Statement shall be filed no later than 7 days prior to Conference. (Marciel, M)

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CLAUDIA M. QUINTANA
City Attorney, SBN 178613
FURAH Z. FARUQUI
Deputy City Attorney, SBN 233083
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
MARK A. JONES, SBN 96494
SCOTT H. CAVANAUGH, SBN 245261
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Telephone: [phone]
Facsimile: 916-442-5959
Attorneys for Defendants, City of Vallejo, M. Thompson, D. Joseph, M. Nicol,
J. Jaksch, B. Clark; Robert Nichelini

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(Sacramento Division)

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TOBY WILSON,
Plaintiff,
vs.

Case No.: 2:12-cv-00547-JAM-CKD
STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL
CONFERENCE

CITY OF VALLEJO; M. THOMPSON; D.
JOSEPH; M. NICOL; J. JAKSCH; B.
CLARK; ROBERT NICHELINI; and
DOES 1 – 15, inclusive,

Pre-trial Conference: October 11, 2013
Trial: December 2, 2013

Defendants.

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The parties, by and through their respective counsel of record, hereby stipulate that the trial
and pre-trial conference in this matter be continued based on the following circumstances:

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1) On May 4, 2012, the court filed the Status (Pre-trial Scheduling) Order in this matter

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setting the case for trial commencing December 2, 2013 at 9:00 a.m. Pursuant to the

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order, the court also set the pre-trial conference for October 4, 2013 at 10:00 a.m.

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2) On September 19, 2013, the court issued a minute order advancing the pre-trial
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
AND PRE-TRIAL CONFERENCE

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conference, due to calendar congestion, from October 4, 2013 to October 3, 2013 at

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10:00 a.m.

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3) On September 26, 2013, the court issued a further minute order resetting the October 3,

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2013 pre-trial conference to Friday, October 11, 2013 at 11:00 a.m. Counsel for the

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parties were available to attend the pre-trial conference on October 3, 2013, but lead trial

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counsel for defendants, Mark A. Jones, is unavailable to attend the October 11, 2013

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pre-trial conference as set by the court. Mark A. Jones has a prescheduled, prepaid trip

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to southern California that will render him unavailable to attend the pre-trial conference

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as set. The court’s pre-trial scheduling order requires trial counsel to attend the pre-trial

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conference, and defendants as well as Mr. Jones believe it is essential as lead trial

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counsel that Mr. Jones attend the pre-trial conference.

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4) Defendants’ counsel has been informed by Harry Vine that the next available pre-trial

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conference date is November 1, 2013, and that moving the pre-trial conference will

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necessitate a continuance of the trial date into early next year.

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5) In light of the foregoing circumstances, the parties, by and through their respective

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counsel, stipulate that the pre-trial conference presently set for October 11, 2013 at 11:00

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a.m. be continued to November 1, 2013 at 10:00 a.m. The parties further stipulate and

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request that the court continue trial in this matter set for December 2, 2013 to February

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24, 2014, commencing at 9:00 a.m.

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DATED: October 2, 2013

LAW OFFICES OF JOHN L. BURRIS

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By: /s/ DeWitt Lacy
.
JOHN L. BURRIS
DEWITT LACY
Attorneys for Plaintiff, Toby Wilson

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///

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///

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///

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
AND PRE-TRIAL CONFERENCE

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DATED: October 2, 2013

CITY ATTORNEY

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By:

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DATED: October 2, 2013

/s/ Furah Faruqui
.
CLAUDIA M. QUINTANA
FURAH FARUQUI
Attorneys for Defendants, City of
Vallejo, M. Thompson, D. Joseph, M.
Nicol, J. Jaksch, B. Clark; Robert
Nichelini

JONES & DYER

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By:

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/s/ Mark A. Jones
.
MARK A. JONES
SCOTT H. CAVANAUGH
Attorneys for Defendants, City of
Vallejo, M. Thompson, D. Joseph, M.
Nicol, J. Jaksch, B. Clark; Robert
Nichelini

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ORDER

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Based upon the Stipulation of the parties, and good cause appearing therefore, the pre-trial

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conference presently set for October 11, 2013 at 11:00 a.m. is continued and reset for November 1,

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2013 at 10:00 a.m. Further, trial presently scheduled for December 2, 2013 is continued and reset

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for February 24, 2014 at 9:00 a.m. A Joint Pre-trial Conference Statement shall be filed no later

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than seven (7) days prior to the pre-trial conference, and counsel are reminded that the entire pre-

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trial statement, including any exhibit and witness lists, shall also be emailed in Word format to the

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court’s judicial assistant Jane Klingelhoets at [e-mail].

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IT IS SO ORDERED.

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DATED: 10/2/2013

/s/ John A. Mendez_______________________
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
AND PRE-TRIAL CONFERENCE