V.W. v. City of Vallejo, et al.,

Filing 85

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 7/5/16 ORDERING that the final pretrial conference set for 7/28/2016, with a jury trial set for 9/19/2016, and the pretrial statements and associated papers due beginning 7/7/2016 are all POSTPONED until the Court issues its order on the summary judgment motion. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 CLAUDIA M. QUINTANA City Attorney, SBN 178613 By: FRANK A. SPLENDORIO Deputy City Attorney, SBN 272601 CITY OF VALLEJO, City Hall 555 Santa Clara Street, P.O. Box 3068 Vallejo, CA 94590 Telephone: (707) 648-4545 Fax: (707) 648-4687 Email: frank.splendorio@cityofvallejo.net A. BYRNE CONLEY, ESQ. SBN 112715 SEAN C. CONLEY, ESQ. SBN 130814 GIBBONS & CONLEY 2185 North California Boulevard, Suite 285 Walnut Creek, CA 94596 Telephone: (925) 932-3600 Fax: (925) 932-1623 Attorneys for Defendants BARRY BOERSMA, HERMAN ROBINSON, JOHN CUNNINGHAM, MIKE KOUTNIK, RAUL MUNOZ, and ROBERT NICHELINI 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 Gibbons & Conley ATTORNEYS AT LAW 1333 N. California Blvd Suite 110 Walnut Creek, CA 94596 (925) 932-3600 Fax (925) 932-1623 28 V.W., a minor, by and through her Guardian ) CASE NO. 2:12-cv-01629-MCE-AC Ad Litem, Tanaya Barber, Individually and ) ) as Successor in Interest of Decedent ) STIPULATION AND PROPOSED ORDER MICHAEL WHITE, ) ) POSTPONING BRIEFING SCHEDULE Plaintiffs, ) ) ) v. ) ) ROBERT NICHELINI, et al. ) ) Defendants. ) ) Plaintiff V.W. is represented by Benjamin Nisenbaum of the Law Offices of John L. Burris in this action. Defendants are represented by Sean Conley of the Law Offices of Gibbons & Conley in this action. Defendants filed a motion for summary judgment or summary adjudication of issues in this matter. See Docket Nos. 64-75. Plaintiff filed opposition papers and Defendants filed reply papers. 1 STIPULATION AND PROPOSED ORDER POSTPONING BRIEFING SCHEDULE CASE NO. 2:12-cv-01629-MCE-AC 1 2 3 See Docket Nos. 76-80. By minute order on May 16, 2016, the Court took this motion under submission without oral argument. See Docket No. 81. To date, the Court has not issued an order on this motion. 4 The final pretrial conference is scheduled for July 28, 2016, with a jury trial scheduled for 5 September 19, 2016. See Docket No. 50. Pretrial statements and associated papers are due beginning 6 July 7, 2016. 7 The pending motion for summary judgment or summary adjudication of issues could 8 substantially affect the final pretrial conference issues in this case. The parties, through their 9 attorneys of record, request that the Court postpone the current briefing schedule and other pending 10 deadlines and hearings until the Court issues its order on the summary judgment motion. 11 IT IS HEREBY STIPULATED: 12 13 Dated: July 5, 2016 LAW OFFICES OF JOHN L. BURRIS 14 By: /s/ Benjamin Nisenbaum BENJAMIN NISENBAUM Attorney for Plaintiff, V.W. a minor, by and through her Guardian Ad Litem, Tanaya Barber, Individually and as Successor in Interest of Decedent MICHAEL WHITE 15 16 17 18 Dated: July 5, 2016 GIBBONS & CONLEY 19 20 By: /s/ Sean Conley SEAN CONLEY Attorney for Defendants, BARRY BOERSMA, HERMAN ROBINSON, JOHN CUNNINGHAM, MIKE KOUTNIK, RAUL MUNOZ, and ROBERT NICHELINI 21 22 23 24 IT IS SO ORDERED. 25 26 Dated: July 5, 2016 27 Gibbons & Conley ATTORNEYS AT LAW 1333 N. California Blvd Suite 110 Walnut Creek, CA 94596 (925) 932-3600 Fax (925) 932-1623 28 2 STIPULATION AND PROPOSED ORDER POSTPONING BRIEFING SCHEDULE CASE NO. 2:12-cv-01629-MCE-AC

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