Gregoire v. County of Sacramento et al

Filing 41

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER signed by District Judge Troy L. Nunley on 10/21/14 ORDERING pursuant to stipulation, it is ordered that the last day for hearing dispositive motions is January 15, 2015. All other dates shall remain the same. (Becknal, R)

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LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Amanda L. McDermott, CSB No.: 253651
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

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Attorneys for Defendants

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GARY W. GORSKI
Attorney at Law
1207 Front Street, Suite 15
Sacramento, CA 95814
Telephone: [phone]
email: [e-mail]
GARY W. GORSKI - CBN: 166526

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DANIEL M. KARALASH
Attorney at Law
1207 Front Street, Suite 15
Sacramento, CA 95814
Telephone: [phone]
email: [e-mail]
DANIEL M. KARALASH - SBN: 176422

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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DAVID W. GREGOIRE
Plaintiff,
vs.

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COUNTY OF SACRAMENTO,
SHERIFF’S DEPARTMENT; COUNTY
OF SACRAMENTO; SHERIFF SCOTT
JONES, in his official capacity only;
DEPUTY ANTHONY JENKINS in his
individual capacity,
Defendant

) Case No.: 2:13-cv-01857-TLN-DAD
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) STIPULATION AND ORDER TO
) MODIFY SCHEDULING ORDER
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Stipulation and Order to Modify Scheduling Order
Page 1

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The Plaintiff David Gregoire, by and through his attorney Gary Gorski, and Defendants, by and
through their attorney, John Lavra stipulate as follows:
The purpose of this stipulation is to request that the court modify the existing scheduling order
by extending the remaining pretrial and trial dates.
This case arises as a result of the plaintiff being bitten by a Sacramento County Sheriff’s canine,

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which was under the control of Defendant Deputy Jenkins. The canine was being used in conjunction

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with a vehicle pursuit and stop, and an arrest of the individual involved in the pursuit. Unfortunately,

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the plaintiff was bitten by the Sheriff’s canine by mistake. Plaintiff has brought state law claims for

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personal injury and federal claims for excessive force under the Fourth Amendment and Monell claims

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against the County, alleging unconstitutional policies surrounding canine use by the Sheriff’s

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Department.

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Under the current scheduling order, November 20, 2014 is the last day for hearing on Dispositive

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Motions. Defendant intends to file a motion for summary judgment and had every intention of doing so

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by October 21, 2014 for a November 20, 2014 hearing date. However, Amanda McDermott is the

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attorney in Defendant’s counsel’s office that has been handling this file. Ms. McDermott became

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unexpectedly unavailable to complete the motion by the filing deadline due to an unanticipated early

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maternity leave of absence.

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Ms. McDermott is pregnant and due at the end of October. It was Ms. McDermott’s intention to

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remain at work until October 24, 2014, finalizing the Motion for Summary Judgment by the October 21,

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2014 filing deadline. Ms. McDermott has already begun preparation on the motion. However, she

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unexpectedly became ill on October 6, 2014 and was unable to work on October 7th or 8th. Defendant’s

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counsel’s office anticipated her return upon recovery from her illness. However, on October 9, 2014,

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Ms. McDermott went into labor and will not be returning to work until mid-January 2015. As a result of

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her early labor and leave of absence, Defendants’ counsel are unable to have another attorney in their

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office learn the case and file a completed motion for summary judgment by October 21, 2014. As a

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result, the parties hereby stipulate to continue the last day for hearing dispositive motions by

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approximately 55 days.

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Stipulation and Order to Modify Scheduling Order
Page 2

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The parties stipulate to modify the scheduling order as follows:

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Last day for hearing dispositive motions – current deadline of November 20, 2014. Proposed

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new deadline: January 15, 2015. All other dates shall remain the same.

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IT IS SO STIPULATED
Dated: October 21, 2014

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By: /s/ John A. Lavra
JOHN A. LAVRA
AMANDA L. MCDERMOTT
Attorneys for Defendants

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: October 21, 2014

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LAW OFFICES OF GARY GORSKI
By: /s/ Gary Gorski
GARY GORSKI
Attorney for Plaintiff

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ORDER
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Pursuant to stipulation, it is ordered that the last day for hearing dispositive motions is January
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15, 2015. All other dates shall remain the same.
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IT IS SO ORDERED:
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Dated: October 21, 2014
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Troy L. Nunley
United States District Judge

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Stipulation and Order to Modify Scheduling Order
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