Shellabarger et al v. Dicharry et al

Filing 63

STIPULATION and ORDER 62 vacating all dates signed by District Judge Troy L. Nunley on 7/13/2015. Parties are ordered to file Joint Scheduling Conference Statment within 30 days of resolution of pending Motions. (Marciel, M)

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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 TO
VACATE DATES
Trial Date: August 17, 2015
Honorable Troy L. Nunley

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-1STIPULATION AND ORDER TO VACATE DATES

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The parties filed a stipulation and order to continue the pretrial conference deadlines on

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June 5, 2015, and the court signed the order on June 11, 2015. For the following reasons, the

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parties hereby request that this Court vacate the upcoming dates and deadlines until certain

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pending motions are resolved.
Whereas, Defendant Darren Dicharry’s motion for summary judgment was taken under

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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;
Whereas Plaintiff and Defendant Dicharry’s Motion to Change Time to modify the

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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

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Change Time are still pending;

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Whereas under the current schedule the parties joint pretrial statement is due July 9, 2015

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and the pretrial conference is scheduled for July 16, 2015; the trial date is set for August 17,

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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 that all pending dates be vacated and the parties agree to file a joint

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scheduling conference statement within 30 days of the resolution of the pending motions, said

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statement would outline the parties’ availability for trial and hearings.

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IT IS SO STIPULATED.

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Dated: July 8, 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
-2STIPULATION AND ORDER TO VACATE DATES

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Dated: July 8, 2015

EVANS & PAGE

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By:_/s/ Corey A. Evans (as Authorized on
7/9/15)
COREY EVANS
Attorney for Plaintiffs JENEANE
SHELLABARGER and KENNETH
POTTER

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Dated: July 8, 2015

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By: /s/ Dennis Halsey (as authorized on
7/9/15)
LEONARD G. KRUP
DENNIS HALSEY
Attorneys for Defendant DARREN
DICHARRY

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It is so ordered.
All dates are hereby vacated, including the trial date, and the parties are ordered to

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file a joint scheduling conference statement within 30 days of the resolution of the pending
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motions.
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Dated: July 13, 2015
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO VACATE DATES