Shamberger et al v. Tello et al

Filing 30

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/28/2016 resetting the hearing on 23 Defendant Tello's Motion for Summary Judgment for 11/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 9 10 11 LONGYEAR, O’DEA & LAVRA, LLP John A. Lavra, CSB No.: 114533 3620 American River Drive, Suite 230 Sacramento, CA 95864 Phone: 916-974-8500 Facsimile: 916-974-8510 Attorneys for County of Yolo and Dana Tello Harry D. Roth - SBN 80611 Attorneys at Law 808 East Eighth St. Davis, California 95616 (530) 756-1265 Fax (530) 231-2816 Attorney for Plaintiffs Lindsey Shamberger and Minor Son 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 14 15 16 17 18 19 LINDSEY SHAMBERGER, as an ) Case No.: 2:14-cv-00243-WBS-DAD individual and on behalf of her minor son, ) EC, ) STIPULATION AND [PROPOSED] ) ORDER TO CONTINUE HEARING ON Plaintiff, ) DEFENDANT’S MOTION FOR ) SUMMARY JUDGMENT, OR IN THE vs. ) ALTERNATIVE SUMMARY ) ADJUDICATION DANA TELLO and COUNTY OF YOLO, ) ) Defendant 20 21 COMES NOW THE PARTIES by and through their respective counsel and subject to 22 the approval of this Court, hereby stipulate and respectfully request that this Court continue the 23 hearing date on Defendant Tello’s Motion for Summary Judgment, or in the alternative, 24 Summary Adjudication to Monday, November 28, 2016, at 1:30 p.m. 25 WHEREAS, pursuant to stipulation of the parties, on October 27, 2016, the Court 26 ordered that the complaint and claims of Plaintiff Lindsey Shamberger against Defendants Dana 27 Tello and County of Yolo are dismissed with prejudice [ECF No. 27]; 28 Stipulation and [Proposed] Order to Continue Hearing on Defendant’s Motion for Summary Judgment, or in the alternative Summary Adjudication Page - 1 1 2 WHEREAS, additional time is required to effectuate the dismissal and/or compromise of the claims of Plaintiff E.C., a minor; 3 WHEREAS, continuing the hearing date will not prejudice any party or their counsel; 4 WHEREAS, this request is not being made for the purpose of delay, or any other 5 6 improper purpose; and THEREFORE, IT IS HEREBY STIPULATED and agreed by and between the parties 7 that this Court continue the hearing on Defendant’s Motion for Summary Judgment, or in the 8 alternative, Summary Adjudication as set forth above. 9 IT IS SO STIPULATED. 10 11 LONGYEAR, O’DEA & LAVRA, LLP Dated: 10/27/2016 12 By: 13 14 John A. Lavra JOHN A. LAVRA, Attorney for County of Yolo and Dana Tello /S/ 15 16 Dated: 10/27/2016 17 By: /s/ Harry D. Roth HARRY D. ROTH Attorney for Plaintiffs Lindsey Shamberger and Minor Son 18 19 IT IS SO ORDERED. 20 Dated: October 28, 2016 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order to Continue Hearing on Defendant’s Motion for Summary Judgment, or in the alternative Summary Adjudication Page - 2

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