Andrews v. Pride Industries et al

Filing 136

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 09/22/17 ORDERING that that the filing and service deadline for the Post-Trial Briefs is EXTENDED to 09/25/17.(Benson, A.)

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Andrea Rosa, State Bar No. 122658
THE ROSA LAW GROUP
9245 Laguna Springs Drive, Suite 175
Elk Grove, CA 95758
Telephone: [phone]
Facsimile: 916-667-9558
[e-mail]

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Attorney for Plaintiff

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Napoleon Andrews

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Napoleon Andrews,
Plaintiff,
v.

Case No. 2:14-CV-02154-KJM-AC
Assigned to: Hon. Kimberly J. Mueller
Courtroom: 3

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PRIDE Industries, Jean Zurbuchen,
as an individual and Does 1-10,
inclusive,

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Stipulated Request and [Proposed]
Order To Continue Deadline To File
Post-Trial Briefs Regarding Proposed
Findings Of Fact

Defendants.

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This stipulation is made by and between Plaintiff Napoleon Andrews (“Plaintiff”), and
Defendants PRIDE Industries and Jean Zurbuchen (“Defendants”), in light of the following facts:
WHEREAS, an evidentiary hearing of facts related to the issue of federal enclave jurisdiction
on Travis Air Force Base took place on August 22, 2017 in Department 26 of this Court, in front
of Magistrate Judge Allison Claire;
WHEREAS, each of the parties was either present or represented at that hearing;
WHEREAS, each of the parties has received and reviewed the transcript of proceedings
which took place on August 22, 2017;
-1Stipulated Request and [Proposed] Order To Continue Deadline To File Post-Trial Briefs
Regarding Proposed Findings Of Fact

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WHEREAS, Magistrate Judge Claire has asked that the parties submit briefs with proposed

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findings of fact relevant to the issue of federal enclave jurisdiction within two weeks of the court

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reporter’s filing of the hearing transcript with the Court;

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WHEREAS, on September 13, 2017, Magistrate Judge Claire at the request of the parties’

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stipulation to extend the deadline to file post-trial briefs regarding the findings of fact extended the

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deadline to September 22, 2017.

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WHEREAS, on September 20, 2017, the island of Puerto Rico was devastated by the

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strongest hurricane ever since the depression. Plaintiff’s counsel is from the island. All of her

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family lives on the island and there has been no communication from the mainland United States

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to the island, thus, she has yet to hear from her 85-year-old mother, sisters, other family members

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and friends. Plaintiff’s counsel has been unable to concentrate and focus on work-related matters

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since the hurricane landed. An additional three days would assist Plaintiff’s counsel in focusing

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the respective brief to contested proposed findings of fact.

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In the interest of efficiency and focusing the Court’s attention on contested facts, the Parties

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hereby AGREE AND STIPULATE AND JOINTLY REQUEST that the Court find good

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cause to continue the deadline for submission of final briefs by one week – to be filed on or

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before September 25, 2017.

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Dated: September 22, 2017

Respectfully submitted,
THE ROSA LAW GROUP

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By:

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Dated: September 22, 2017

/s/Andrea Rosa
ANDREA ROSA
Attorney for Plaintiff
Napoleon Andrews
FREEMAN MATHIS & GARY, LLP

By:

/s/ Melissa M. Whitehead__
David M. Daniels
Melissa M. Whitehead
Attorneys
for
Defendant
PRIDE
INDUSTRIES and JEAN ZURBUCHEN

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-2Stipulated Request and [Proposed] Order To Continue Deadline To File Post-Trial Briefs
Regarding Proposed Findings Of Fact

ORDER

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Based on the Stipulation of the parties, and good cause appearing therefor, IT IS

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ORDERED that the filing and service deadline for filing the Post-Trial Briefs, currently set for

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September 22, 2017, be and hereby is continued to September 25, 2017.

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IT IS SO ORDERED.

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DATED: September 22, 2017.

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-3Stipulated Request and [Proposed] Order To Continue Deadline To File Post-Trial Briefs
Regarding Proposed Findings Of Fact