Espinoza v. City of Tracy et al

Filing 35

ORDER signed by Senior Judge William B. Shubb on 12/12/2016 ORDERING that the Joint Status Conference is CONTINUED from 1/3/2017 to 4/10/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. At least twenty-one (21) calendar da ys before the scheduling conference is held, the parties shall confer and attempt to agree upon a discovery plan. The parties shall submit a JOINT Status Report fourteen (14) calendar days prior to the continued date of the joint status conference, as described in this Court's 10/5/2016 order, and no later than 3/27/2017. (Zignago, K.)

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Jesse J. Maddox, Bar No. 219091
[e-mail]
Arlin Kachalia, Bar No. 193752
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105
Telephone:
415.512.3000
Facsimile:
415.856.0306

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Attorneys for Defendants CITY OF TRACY
and R. LEON CHURCHILL, JR.

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Russell A. Robinson (163937)
LAW OFFICE OF RUSSELL A. ROBINSON
345 Grove Street, First Floor
San Francisco CA 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff JUAN ESPINOZA

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Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN ESPINOZA,

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Case No.: 2:15-cv-00751-WBS-KJN
Plaintiff,

v.
CITY OF TRACY, CHIEF OF POLICE
GARY HAMPTON, R. LEON
CHURCHILL, JR., AND DOES 1
through 40, inclusive,

Complaint Filed: April 6, 2015
STIPULATION CONTINUING JOINT
STATUS CONFERENCE AND RELATED
DATES; [PROPOSED] ORDER

Defendants.

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CASE NO.: 2:15-CV-00751-WBS-KJN
STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES;
[PROPOSED] ORDER

7995730.5 TR318-021

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TO THE HONORABLE COURT AND TO THE PARTIES AND THEIR ATTORNEYS
OF RECORD:
Defendants CITY OF TRACY and R. LEON CHURCHILL, JR. (“Defendants”) and

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Plaintiff Juan Espinoza (“Plaintiff”) (collectively the “Parties”), through their respective

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undersigned attorneys of record, hereby stipulate and agree as follows:

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A.

WHEREAS, Plaintiff filed his Complaint on April 6, 2015;

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B.

WHEREAS, Defendants were served with the Complaint on August 25, 2016;

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C.

WHEREAS, Defendants and Plaintiff stipulated to a 14-day extension for
Defendants to respond to Plaintiff’s Complaint;

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D.

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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WHEREAS, Defendants filed a Motion to Dismiss Plaintiff’s Complaint on
September 29, 2016;

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E.

WHEREAS, on October 5, 2016, the Court scheduled a Joint Status Conference

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for January 3, 2017, ordering the parties 1) to meet and attempt to agree upon a

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FRCP 26(f) discovery plan 21 calendar days in advance, on or before December

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13, 2016; and 2) to submit a JOINT status report 14 days in advance, on or before

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December 20, 2016;

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F.

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WHEREAS, on November 15, 2016, the Court granted Defendants’ Motion to
Dismiss in its entirety with leave to amend;

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G.

WHEREAS, Plaintiff filed an Amended Complaint on December 5, 2016.

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H.

WHEREAS, Defendants intend to file a Motion to Dismiss the Amended

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Complaint on or before December 22, 2016, with a motion hearing date

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anticipated to be in February 2017;

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NOW THEREFORE, the Plaintiffs and Defendants stipulate, by and through their counsel
and pursuant to Court approval, that:

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1.

That in the interest of justice and to minimize litigation costs and the expenditure

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of public resources, and because Plaintiff recently filed an Amended Complaint on

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December 5, 2016, the case is not at issue, and Defendants will be filing a Motion

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7995730.5

to Dismiss the Amended Complaint on or before December 22, 2016, the parties
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CASE NO.: 2:15-CV-00751-WBS-KJN
TR318-021
STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES;
[PROPOSED] ORDER

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request that this Court continue the Joint Status Conference from January 3, 2017,

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in Courtroom 5 of the above-entitled Court, to April 10, 2017, or as soon thereafter

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as the Court’s schedule permits, and that the related dates be continued

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accordingly.

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2.

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No party will be prejudiced by a continuance of the Joint Status Conference from
January 3, 2017 to April 10, 2017.

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The parties further stipulate 1) that a Joint Status Report must be filed 14 calendar

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days in advance of the continued joint status conference; and 2) to meet and

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attempt to agree upon a FRCP 26(f) discovery plan 21 calendar days in advance of

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Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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the continued joint status conference.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: December 9, 2016

Respectfully submitted,
LIEBERT CASSIDY WHITMORE

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By:

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/s/ Jesse J. Maddox
Jesse J. Maddox
Arlin Kachalia
Attorneys for Defendants CITY OF
TRACY
and R. LEON CHURCHILL, JR.

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Dated: December 9, 2016

LAW OFFICE OF RUSSELL A.
ROBINSON

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By:

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/s/ Russell A. Robinson
Russell A. Robinson
Attorneys for Plaintiff JUAN ESPINOZA

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7995730.5 TR318-021

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CASE NO.: 2:15-CV-00751-WBS-KJN

STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES;
[PROPOSED] ORDER

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ESPINOZA V. CITY OF TRACY, ET AL.

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Case No.: 2:15-cv-00751-WBS-KJN

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ORDER

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1.

The Joint Status Conference is continued from January 3, 2016, to April 10, 2017

at 1:30 p.m. in Courtroom 5 of the above-entitled Court.
2.

At least twenty-one (21) calendar days before the scheduling conference is held,

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the parties shall confer and attempt to agree upon a discovery plan, as required by Federal Rule of

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Civil Procedure 26(f).

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3.

Pursuant to Local Rule 240, the parties shall submit to the court a JOINT Status

Report fourteen (14) calendar days prior to the continued date of the joint status conference, as

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Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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described in this Court’s October 5, 2016 order, and no later than March 27, 2017.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December 12, 2016

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7995730.5 TR318-021

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CASE NO.: 2:15-CV-00751-WBS-KJN

STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES;
[PROPOSED] ORDER