Espinoza v. City of Tracy et al
Filing
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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
jmaddox@lcwlegal.com
Arlin Kachalia, Bar No. 193752
akachalia@lcwlegal.com
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: (415) 861-4416
Facsimile: (415) 431-4526
rlaw345@gmail.com
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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
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