Crocker et al v. State of California, Department of Rehabilitation

Filing 23

STIPULATION and ORDER 22 continuing hearing date signed by Chief Judge Morrison C. England, Jr. on 11/18/2014. Motion Hearing is RE-SET for 1/8/2015 at 2:00 PM in Courtroom 7 (MCE). Plaintiffs' Opposition to defendant's 18 Motion to Dismiss 1 Complaint remaining due on 11/20/2014 and defendant's Reply remaining due on 11/27/2014. (Marciel, M)

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Susan Rockwood Gashel
Admitted Pro Hac Vice
Hawaii Bar # 6413
PO Box 9629
Avon, CO 81620
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Timothy Elder, Esq. – State Bar #277152
TRE Legal Practice, LLC
4226 Castanos Street
Fremont, CA 94536
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY W. CROCKER and THOMAS
EVANS,

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Plaintiffs,
v.
STATE OF CALIFORNIA,
DEPARTMENT OF
REHABILITATION,

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No. 2:14-CV-01944 MCE DAD
JOINT STIPULATION TO RESCHEDULE
NOTICED HEARING DATE FOR
DEFENDANT’S MOTION DISMISS
PLAINTIFFS’ COMPLAINT

Defendant.

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Plaintiffs Gary Crocker and Thomas Evans (Plaintiffs) and Defendant State of
California Department of Rehabilitation (Defendant) hereby stipulate as follows:
WHEREAS, on October 24, 2014, Defendant filed its Notice of Motion and Motion
to Dismiss Plaintiffs’ Complaint (Dkt. No. 18);
WHEREAS, Defendant’s Motion was noticed for a December 4, 2014 hearing
date; and

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JOINT STIPULATION TO RESCHEDULE NOTICED HEARING DATE; 2:14-CV-01944 MCE-DAD

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WHEREAS, counsel for Plaintiffs notified counsel for Defendant on November 12,
2014 that counsel was not available for a December 4, 2014 hearing because counsel
has a hearing scheduled in Harrisburg, Pennsylvania beginning on December 3, 2014;
and
WHEREAS, counsel for Plaintiff notified counsel for Defendant that it would be
available to participate in a hearing on January 8, 2014, if the Court elects to hold a
hearing on Defendant’s motion; and
WHEREAS, based on the original hearing date of December 4, 2014, Plaintiffs’
opposition was due on November 20, 2014, and Defendant’s Reply was due on
November 27, 2014; and
WHEREAS, Counsel for Defendant agreed to rescheduling the hearing date on
Defendant’s Motion to Dismiss Plaintiffs’ Complaint to January 8, 2014 so long as
Plaintiffs’ opposition remained due on November 20, 2014, and Defendant’s Reply
remained due on November 27, 2014; and
WHEREAS, no Court-ordered deadlines will be altered by this extension.
IT IS HEREBY STIPULATED by and between the parties pursuant to L.R. Civ.
143 that the hearing date for Defendant’s Motion to Dismiss Plaintiffs’ Complaint will be
continued until January 8, 2015, to the extent the Court wishes to hold a hearing on
Defendant’s Motion to dismiss, with Plaintiffs’ Opposition to Defendant’s Motion to
Dismiss Plaintiffs’ Complaint remaining due on November 20, 2014, and Defendant’s
Reply remaining due on November 27, 2014.

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Respectfully submitted:

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November 12, 2014

By /s/ Susan Rockwood Gashel
Admitted Pro Hac Vice
Hawaii Bar # 6413
PO Box 9629
Avon, CO 81620
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
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JOINT STIPULATION TO RESCHEDULE NOTICED HEARING DATE; 2:14-CV-01944 MCE-DAD

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Timothy Elder, Esq. – State Bar #277152
TRE Legal Practice, LLC
4226 Castanos Street
Fremont, CA 94536
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs

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November 12, 2014

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By /s/ Karli Eisenberg
Deputy Attorney General
State Bar No. 281923
1300 I Street, Suite 125
Sacramento, CA 944255
Phone: [phone]
Fax: [phone]

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Attorney for Defendant State of California,
Department of Rehabilitation

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It is so ORDERED.
Dated: November 18, 2014

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JOINT STIPULATION TO RESCHEDULE NOTICED HEARING DATE; 2:14-CV-01944 MCE-DAD