DuShane v. Sacramento County Main Jail et al

Filing 67

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/16 ORDERING that Plaintiffs time to file his opposition to Defendants motion for summary judgment may be extended by 28 days, up to and including May 5, 2016, and that Defe ndants time to file any reply to Plaintiffs opposition may be extended by 28 days, up to and including May 19, 2016. There has been one previous stipulation for an extension of 28 days 63 , when Plaintiff was still proceeding in pro per.(Dillon, M)

1

4

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]

5

Attorney for Plaintiff JASEN LYNN DUSHANE

6

LONGYEAR, O’DEA & LAVRA, LLP
Van Longyear, CSB No. 84189
Peter C. Zilaff, CSB No. 272658
Nicole M. Rippy, CSB No. 287165
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

2
3

7
8
9
10
11

Attorneys for Defendant DEPUTY HER

12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

SACRAMENTO DIVISION

16
17

JASEN LYNN DUSHANE,
Plaintiff,

18
v.

19
20
21

SACRAMENTO COUNTY MAIN JAIL,
DEPUTY HER,
Defendants.

22
23
24
25

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 2:15-cv-0136-TLN-EFB P
Hon. Edmund F. Brennan, U.S. Magistrate Judge

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

Pursuant to Local Rules 143 and 144, Plaintiff JASEN LYNN DUSHANE and Defendant
JOHNNY HER, by and through their respective undersigned counsel, stipulate and agree as follows:

26

1.

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

27

this action and in three other actions filed by Plaintiff on a limited-purpose basis.

28

///
1
___________________________________________________________________________________________
STIPULATION AND ORDER FOR EXTENSION OF TIME RE SUMMARY JUDGMENT BRIEFING SCHEDULE
DuShane v. Sac. Co. Main Jail, et al. – No. 2:15-cv-0136-TLN-EFB P

1
2
3

2.

Plaintiff’s opposition to Defendant’s motion for summary judgment is currently due on

April 7, 2016. Defendant’s reply, if any, will be due on April 21, 2016.
3.

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

4

the pleadings and discovery in this matter before being able to prepare a meaningful opposition. The

5

parties have also discussed resolution possibilities, and agree that it would be appropriate to engage in

6

settlement efforts before Plaintiff is required to prepare an opposition and Defendant is required to reply.

7

4.

In light of the foregoing considerations, the parties stipulate and agree that Plaintiff’s time

8

to file his opposition to Defendant’s motion for summary judgment may be extended by 28 days, up to

9

and including May 5, 2016, and that Defendant’s time to file any reply to Plaintiff’s opposition may be

10

extended by 28 days, up to and including May 19, 2016. There has been one previous stipulation for an

11

extension of 28 days (ECF 63), when Plaintiff was still proceeding in pro per.

12
13
14

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.

15
By:
16

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

17
18
19

LONGYEAR, O’DEA & LAVRA, LLP

Dated: March 31, 2016.

20
21

By:

_/s/ Peter C. Zilaff (as authorized on 3/31/2016)
Peter C. Zilaff

22

Attorneys for Defendant DEPUTY HER

23
ORDER

24
25

Pursuant to the terms of the stipulation above, IT IS SO ORDERED.

26
27
28

April 4
Dated: _____________, 2016.

_________________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

2
___________________________________________________________________________________________
STIPULATION AND ORDER FOR EXTENSION OF TIME RE SUMMARY JUDGMENT BRIEFING SCHEDULE
DuShane v. Sac. Co. Main Jail, et al. – No. 2:15-cv-0136-TLN-EFB P