Malott v. Placer County et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/17 ORDERING that the deadline to file disposition documents is EXTENDED until 6/1/2017. (Becknal, R)
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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
WENDY MOTOOKA, SBN 233589
701 University Avenue, Suite 110
Sacramento, CA 95825
Telephone: 916.443-4443
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Attorneys for Defendants SACRAMENTO
COUNTY; SACRAMENTO COUNTY SHERIFF
SCOTT JONES; DEPUTY JAVIER
BUSTAMANTE; DETECTIVE MICHELLE
HENDRICKS; DEPUTY DARIN EPPERSON
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LAW OFFICE OF STEWART KATZ
STEWART KATZ, SBN 127425
555 University Avenue, Suite 270
Sacramento, CA 95825
Telephone: 916.444-5678
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Attorneys for Plaintiff RICHARD MALOTT
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PLACER COUNTY COUNSEL’S OFFICE
David K. Huskey, SBN 109329
Clayton T. Cook, SBN 260891
175 Fulweiler Avenue
Auburn, CA 95603
Telephone: 530.889-4044
Attorneys for Defendants PLACER COUNTY, KEN
ADDISON, MATT HARDCASTLE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD MALOTT,
No.: 2:14-cv-01040 KJM EFB
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Plaintiff,
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STIPULATION RE: EXTENSION TO FILE
DISMISSAL DOCUMENTS, ORDER
vs.
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PLACER COUNTY; et al.,
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Defendants.
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WHEREAS On April 25, 2014 an action was commenced in the United States District
Court, Eastern District of California entitled, Richard Malott, Plaintiff, v. Placer County, et al.,
Defendants, Case No. 2:14-cv-01040;
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CREGGER & CHALFANT, LLP.
701 University Ave.,#110
Sacramento, CA 95825
(916) 443-4443
STIPULATION
Case No. 2:14-cv-01040 KJM EFB
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WHEREAS On March 9, 2017 the parties attended a settlement conference before the
Honorable Magistrate Judge Kendall Newman, and a settlement was reached by all parties.
WHEREAS pursuant to said settlement, dispositional documents were to be filed within
60 days.
WHEREAS on May 4, 2017 the settlement check issued by the County of Sacramento
was delivered to defense counsel, and after review, was determined to have been made out
incorrectly.
WHEREAS Plaintiff’s counsel was notified and asked that the settlement draft be
corrected.
WHEREAS the County of Sacramento is currently re-processing the settlement draft and
expected to have the correction made by May 22nd.
WHEREAS the processing of the check is taking longer than anticipated. However,
defense counsel has been informed that the check will be issued prior to June 1st, 2017.
THEREFORE, the parties hereby stipulate by and through their counsel of record as
follows:
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That the deadline to file disposition documents be extended until June 1, 2017.
IT IS SO STIPULATED.
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DATE: May 22, 2017
CREGGER & CHALFANT LLP
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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
Attorneys for Defendants SACRAMENTO
COUNTY; SACRAMENTO COUNTY SHERIFF
SCOTT JONES; DEPUTY JAVIER
BUSTAMANTE; DETECTIVE MICHELLE
HENDRICKS; DEPUTY DARIN EPPERSON
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DATE: May 22, 2017
PLACER COUNTY COUNSEL’S OFFICE
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/s/ Clayton Cook
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CREGGER & CHALFANT, LLP.
701 University Ave.,#110
Sacramento, CA 95825
(916) 443-4443
STIPULATION
Case No. 2:14-cv-01040 KJM EFB
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CLAYTON COOK
Attorneys for Defendants PLACER COUNTY;
SACRAMENTO COUNTY; KEN ADDISON;
MATT HARDCASTLE
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Plaintiff is only agreeing to this Stipulation so as to save the Court unnecessary time.
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Plaintiff and Plaintiff’s counsel believe this is not an accident and that Sacramento County
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(though not the outside counsel representing the County in this case) has a pattern of miswriting
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checks arising from Federal section 1983 cases. Should the check once again not be ready by the
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date set forth herein, Plaintiff will move for sanctions and an order for interest to be assessed at
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the 7% rate at which California public entities are required to pay under state law for outstanding
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judgments.
DATE: May 22, 2017
LAW OFFICE OF STEWART KATZ
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/s/ Stewart Katz
STEWART KATZ
Attorneys for Plaintiff RICHARD MALOTT
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ORDER
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GOOD CAUSE APPEARING THEREFOR, the Court orders that the deadline to file
disposition documents be extended until June 1, 2017.
IT IS SO ORDERED.
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Dated: May 23, 2017
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CREGGER & CHALFANT, LLP.
701 University Ave.,#110
Sacramento, CA 95825
(916) 443-4443
STIPULATION
Case No. 2:14-cv-01040 KJM EFB
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