Shellabarger et al v. Dicharry et al

Filing 61

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/11/2015 ORDERING 60 Pretrial Conference Reset for 7/16/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Pretrial Conference Statements due by 7/9/2015. (Reader, L)

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CARRIE A. FREDERICKSON, ESQ., SB No. 245199
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

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Attorneys for Defendants KEVIN HALE, CITY OF RED BLUFF, and RAY MARTINEZ

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COREY A. EVANS, SBN 218789
EVANS & PAGE
2912 Diamond St., Suite 346
San Francisco, CA 94131
Attorneys for Plaintiffs

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LEONARD G. KRUP, ESQ. SBN 49572
510 West Wood Street
Willows, CA 95988
[phone]
Attorney for Defendant DARREN DICHARRY
DENNIS HALSEY, ESQ. SBN 66091
Law Office of Dennis Halsey
9 Highland Circle
Chico, CA 95926
[phone]
Attorney for Defendant DARREN DICHARRY

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
JENEANE SHELLABARGER; and
KENNETH POTTER,

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Plaintiffs,
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vs.
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DARRIN DICHARRY; KEVIN HALE; RAY )
MARTINEZ; CITY OF RED BLUFF; and
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DOES 1 through 10, inclusive,
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Defendants.
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Case No.: 13-cv-00188-TLN-CMK

STIPULATION AND ORDER
EXTENDING TIME FOR PRETRIAL
CONFERENCE AND FILING OF
PRETRIAL CONFERENCE
STATEMENT
Trial Date: August 17, 2015
Honorable Troy L. Nunley

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-1STIPULATION AND ORDER EXTENDING TIME FOR PRETRIAL CONFERENCE AND
FILING OF PRETRIAL CONFERENCE STATEMENT

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Whereas, Defendant Darren Dicharry’s motion for summary judgment was taken under
submission on February 6, 2015;

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Whereas, the pending motion for summary judgment raises qualified immunity on behalf

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of Defendant Dicharry and seeks dismissal of the only cause of action pled against Dicharry, the

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granting of this motion would result in dismissal of Defendant Dicharry from this case;

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Whereas Plaintiff and Defendant Dicharry’s Motion to Change Time to modify the
deadline to disclose expert witnesses was taken under submission on January 23, 2015;
Whereas the Court’s order on the motion for summary judgment and the Motion to
Change Time are still pending;
Whereas under the current scheduling order the parties joint pretrial statement is due June
11, 2015 and the pretrial conference is scheduled for June 18, 2015;

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Therefore the parties have stipulated as follows:

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In light of the pending motion for summary judgment and the Motion to Change Time,

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the parties request the pretrial conference be continued until July 16, 2015 or as soon thereafter

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as the Court’s Schedule permits and the joint pretrial statement be due July 9, 2015.

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IT IS SO STIPULATED.

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Dated: June 5, 2015

ANGELO, KILDAY & KILDUFF, LLP

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By:_/s/ Carrie A. Frederickson
CARRIE A. FREDERICKSON
Attorneys for Defendants
KEVIN HALE, RAY MARTINEZ, and
CITY OF RED BLUFF

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Dated: June 5, 2015

EVANS & PAGE

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By:_/s/ Corey A. Evans
COREY EVANS
Attorney for Plaintiffs JENEANE
SHELLABARGER and KENNETH
POTTER

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-2STIPULATION AND ORDER EXTENDING TIME FOR PRETRIAL CONFERENCE AND
FILING OF PRETRIAL CONFERENCE STATEMENT

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Dated: June 5, 2015

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By: /s/ Dennis Halsey
LEONARD G. KRUP
DENNIS HALSEY
Attorneys for Defendant DARREN
DICHARRY

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IT IS SO ORDERED:

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The Pretrial Conference is now set for July 16, 2015 at 2:00 pm., and the Pretrial
Conference Statement is now due July 9, 2015.

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Dated: June 11, 2015

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Troy L. Nunley
United States District Judge

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-3STIPULATION AND ORDER EXTENDING TIME FOR PRETRIAL CONFERENCE AND
FILING OF PRETRIAL CONFERENCE STATEMENT