Orr v. Brame, et al

Filing 63

STIPULATION and ORDER 62 signed by Senior Judge William B. Shubb on 1/23/2015 resetting the motion hearing on the 50 , 56 MOTIONS for SUMMARY JUDGMENT for 2/23/2015 at 03:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No. 282319)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
HARRISON LUTHER ORR

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARRISON LUTHER ORR,
Individually,

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Plaintiff,

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vs.

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CALIFORNIA HIGHWAY PATROL, a
public entity; STATE OF CALIFORNIA,
a public entity; CALIFORNIA
HIGHWAY PATROL OFFICERS
BRAME, PLUMB, and DOES 1-10,
individually,

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Defendants.

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Case No. 2:14-cv-0585-WBS-EFB
STIPULATION AND PROPOSED
ORDER TO BEGIN HEARING FOR
PLAINTIFF’S AND DEFENDANTS’
MOTIONS FOR SUMMARY
JUDGMENT ON FEBRUARY 23, 2015
AT 3:00 P.M. INSTEAD OF AT 2:00 P.M.

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO BEGIN MOT. SUMM. JUDG. HRNG. AT 3:00 P.M.

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The parties in this case, through their counsel of record, hereby stipulate, and request this

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Court to order, that the hearing on both Plaintiff’s Motion for Summary Judgment (Doc. 50), and

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Defendants’ Motion for Summary Judgment (Doc. 56) scheduled on February 9, 2015 at 2:00

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p.m., begin instead at 3:00 p.m. This joint request is based on the following:

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1. Plaintiff originally noticed his Motion for Summary Judgment to be heard by this Court on

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January 12, 2015. Plaintiff asserts that Plaintiff’s co-lead counsel, Michael Haddad and Julia

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Sherwin, chose this date because they knew that scheduling Plaintiff’s Motion for Summary

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Judgment to be heard later than January 12, 2015 would conflict with the trial schedule in

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M.H., et al. v. County of Alameda, et al., No. C11-2868 JST (MEJ) (N.D. Cal.)—a wrongful

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death trial involving sixteen defendants scheduled to begin on February 2, 2015 and estimated

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to last eight weeks, or until about March 26, 2015. Plaintiff also asserts that the trial schedule

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is from Monday to Thursday, from 8:30 a.m. to 1:30 p.m., with Fridays off.

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2. Defendants then filed their Motion for Summary Judgment on December 29, 2014 (Docs. 56,

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56-1). Defendants noticed their Motion for Summary Judgment to be heard on February 9,

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2015.

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3. On December 29, 2014, this Court continued the hearing on Plaintiff’s Motion for Summary

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Judgment from January 12, 2015 to February 9, 2015 so that Plaintiff’s Motion for Summary

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Judgment could be heard together with Defendants’ Motion for Summary Judgment (Doc. 59).

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The Court subsequently continued the hearing to February 23, 2015 (Doc. 61).

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4. Because Plaintiff’s co-lead counsel will be in trial in San Francisco until 1:30 p.m. on

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February 23, 2015, Plaintiff requests that this Court begin the hearing on Plaintiff’s and

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Defendants’ Motions for Summary Judgment at 3:00 p.m., instead of at 2:00 p.m., to allow

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Plaintiff’s co-lead counsel to drive from San Francisco to Sacramento.

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5. Defendants’ attorneys have no personal knowledge of the facts in ¶¶ 1 and 4, and do not

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certify their accuracy. Defendants agree to Plaintiff’s requested scheduling change provided

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that: (1) the Court finds good cause and its schedule can accommodate the time change; and

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO BEGIN MOT. SUMM. JUDG. HRNG. AT 3:00 P.M.

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(2) that the proposed Order states that the motion hearing will proceed at 3:00 p.m. on

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February 23, 2015 whether or not both co-lead counsel for Plaintiff are present.

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SO STIPULATED.
Dated: January 22, 2015

HADDAD & SHERWIN LLP

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/s/ Michael J. Haddad
MICHAEL J. HADDAD
Attorneys for Plaintiff
HARRISON LUTHER ORR

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Dated: January 22, 2015

KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
/s/ Stephen C. Pass*
STEPHEN C. PASS
Deputy Attorney General
Attorney for Defendants
CALIFORNIA HIGHWAY PATROL, CHP
OFFICERS BRAME and PLUMB

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* Mr. Pass provided his consent that this document be electronically filed.
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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO BEGIN MOT. SUMM. JUDG. HRNG. AT 3:00 P.M.

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ORDER

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Pursuant to stipulation of the parties and good cause appearing, this Court orders both that

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the summary-judgment hearing begin at 3:00 p.m. on February 23, 2015 instead of at 2:00 p.m., to

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allow Plaintiff’s co-lead counsel to travel from San Francisco to Sacramento, and that the motion

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hearing will proceed at 3:00 p.m. on February 23, 2015 whether or not both co-lead counsel for
Plaintiff are present. IT IS SO ORDERED.
Dated: January 23, 2015

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO BEGIN MOT. SUMM. JUDG. HRNG. AT 3:00 P.M.

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