DuShane v. Toliver et al

Filing 40

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/16 ORDERING that Plaintiffs time to file his reply to Defendants opposition to Plaintiffs motion for summary judgment may be extended up to and including May 13, 2016; and (b) Defendants time to file a motion for summary judgment and/or summary adjudication may be extended by 28 days, up to and including May 13, 2016.(Dillon, M)

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James V. Weixel (Bar No. 166024)
WEIXEL LAW OFFICE
150 Post Street, Suite 520
San Francisco, California 94108
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorney for Plaintiff JASEN LYNN DUSHANE

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LONGYEAR, O’DEA & LAVRA, LLP
Van Longyear, CSB No. 84189
Peter C. Zilaff, CSB No. 272658
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

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Attorneys for Defendants TERRY TOLIVER, CAPTAIN PATTISON,
LT. RICH RIDER, LT. P. MASSA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JASEN LYNN DUSHANE,
Plaintiff,

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v.
TERRY TOLIVER, et al.,

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Defendants.

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No. 2:14-cv-2484-EFB P
Hon. Edmund F. Brennan, U.S. Magistrate Judge

--------------STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME RE SUMMARY
JUDGMENT BRIEFING SCHEDULES

Pursuant to Local Rules 143 and 144, Plaintiff JASEN LYNN DUSHANE and Defendants

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TERRY TOLIVER, CAPTAIN PATTISON, LT. RICH RIDER, and LT. P. MASSA, by and through

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their respective undersigned counsel, stipulate and agree as follows:

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1.

Plaintiff’s counsel, James V. Weixel, Esq., was recently appointed to represent Plaintiff in

this action and in three other actions filed by Plaintiff on a limited-purpose basis.
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___________________________________________________________________________________________
STIPULATION AND ORDER FOR EXTENSION OF TIME RE SUMMARY JUDGMENT BRIEFING SCHEDULE
DuShane v. Toliver, et al. – No. 2:14-cv-2484-EFB P

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2.

Plaintiff still needs to file a reply to Defendants’ opposition to Plaintiff’s motion for

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summary judgment. Upon the previous stipulation of the parties (when Plaintiff was still proceeding in

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pro per), the Court extended the time in which to file dispositive motions until April 15, 2016.

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3.

The parties recognize that Mr. Weixel will require some time to familiarize himself with

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the pleadings and discovery in this matter before being able to prepare meaningful responses to

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Defendants’ motions and oppositions. The parties have also discussed resolution possibilities, and agree

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that it would be appropriate to engage in settlement efforts before the parties are required to engage in

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further motion practice and briefing.

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4.

In light of the foregoing considerations, the parties stipulate and agree that (a) Plaintiff’s

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time to file his reply to Defendants’ opposition to Plaintiff’s motion for summary judgment may be

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extended up to and including May 13, 2016; and (b) Defendants’ time to file a motion for summary

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judgment and/or summary adjudication may be extended by 28 days, up to and including May 13, 2016.

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5.

The parties respectfully request that the Court enter the order below according to the

terms of this stipulation.
WEIXEL LAW OFFICE

Dated: March 31, 2016.

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By:
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/s/ James V. Weixel___________________
James V. Weixel
Attorney for Plaintiff JASEN LYNN DUSHANE

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: March 31, 2016.

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By:
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_/s/ Peter C. Zilaff (as authorized on 3/31/2016)
Peter C. Zilaff
Attorneys for Defendants TERRY TOLIVER, CAPTAIN
PATTISON, LT. RICH RIDER, LT. P. MASSA

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ORDER

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Pursuant to the terms of the stipulation above, IT IS SO ORDERED.
Dated: April 4
_____________, 2016.

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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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___________________________________________________________________________________________
STIPULATION AND ORDER FOR EXTENSION OF TIME RE SUMMARY JUDGMENT BRIEFING SCHEDULE
DuShane v. Toliver, et al. – No. 2:14-cv-2484-EFB P