Estate of Joeseph Duran et al v. Chavez et al

Filing 14

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/5/15: HEARING as to 9 MOTION to DISMISS RESET for 3/26/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 LAW OFFICE OF STEWART KATZ STEWART KATZ, State Bar #127425 555 University Avenue, Suite 270 Sacramento, California 95825 Telephone: (916) 444-5678 Attorney for Plaintiffs Estate of JOSEPH DURAN; STEVEN A. DURAN, ELAINE DURAN ANGELO, KILDAY & KILDUFF, LLP JOHN A. WHITESIDES, State Bar #125611 CARRIE A. FREDERICKSON, State Bar #245199 601 University Avenue, Suite 150 Sacramento, CA 95825 Telephone: (916) 564-6100 Facsimile: (916) 564-6263 10 11 Attorneys for Defendant Amador County Sheriff-Coroner MARTIN A. RYAN 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 18 19 Estate of JOSEPH DURAN, deceased, by and through STEVEN A. DURAN and ELAINE DURAN as Successors in Interest; STEVEN DURAN, Individually; and ELAINE DURAN, Individually, Plaintiffs, vs. 21 CDCR Correctional Officer ROY C. CHAVEZ; CDCR Correctional Officer TIMOTHY NELSON; CDCR Correctional Officer JASON R. STRONGMAN; CDCR Correctional Sergeant MARK SHEPARD; CDCR Correctional Sergeant JUAN C. CARRILLO; CDCR Correctional Lieutenant BRYAN D. McCLOUGHAN; CDCR Licensed Vocational Nurse MICHAEL; CDCR Clinical Psychologist RICHARD E. ORTIGO, Psy. D.; CDCR Staff Psychiatrist KARUNA ANAND, M.D.; CDCR Physician and Surgeon JANET YU, M.D.; Mule Creek 23 24 25 26 27 28 Stipulation to Continue Hearing Date; Order STIPULATION TO CONTINUE HEARING DATE; ORDER Date: January 15, 2015 Time: 2:00 p.m. Courtroom: 2 20 22 NO. 2:14-CV-02048-TLK-CKD 1 Honorable Troy L. Nunley 1 2 3 4 5 6 7 State Prison Chief Medical Executive SCOTT A. HEATLEY, M.D.; Mule Creek State Prison Chief Executive Officer (Medical) DAVID SMILEY; Mule Creek State Prison Warden and Chief Executive Officer WILLIAM W. KNIPP; Amador County Sheriff-Coroner MARTIN A. RYAN; CASA BONITA, INC.; and Does 1 through 20. Defendants. __________________________________/ 8 9 COME NOW THE PARTIES, by and through their respective attorneys and subject 10 to the approval of this Court, hereby stipulate and respectfully request that the Court 11 continue the hearing on Defendant Coroner Martin A. Ryan’s Motion to Dismiss Plaintiffs’ 12 Complaint from January 15, 2015 to March 26, 2015. This continuance is being requested so as to reduce the potential regarding multiple 13 14 overlapping motions to dismiss which are anticipated once the counsel situation for the State 15 of California/CDCR employees is straightened out due to what appear to be multiple 16 conflicts. There is a proposed stipulation being filed extending the time for the CDCR 17 defendants to respond, and hearing this motion earlier is likely to result in additional work 18 for the Court and potentially further delay regarding responsive pleadings from the 19 defendants who have not yet appeared. 20 21 IT IS SO STIPULATED. 22 23 Dated: 12-14-2014 LAW OFFICE OF STEWART KATZ 24 /s/ Stewart Katz STEWART KATZ, Attorney for Plaintiffs 25 26 27 /// 28 /// Stipulation to Continue Hearing Date; Order 2 1 2 Dated: 12-23-14 ANGELO, KILDAY & KILDUFF, LLP 3 ___/s/_________________________________ JOHN A. WHITESIDES Attorneys for Defendant 4 5 6 7 IT IS SO ORDERED. 8 9 Dated: January 5, 2015 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Continue Hearing Date; Order 3

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