Espinoza v. City of Tracy et al

Filing 41

STIPULATION and ORDER 40 signed by Senior Judge William B. Shubb on 1/30/2017 withdrawing 39 Stipulation to Continue Motion hearing. (Kirksey Smith, K)

Russell A. Robinson, State Bar #163937
Law Office of Russell A. Robinson
345 Grove Street, 1st Floor
San Francisco CA 94102
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff
JUAN ESPINOZA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

JUAN ESPINOZA,
Plaintiff,
v.

Case No. 15-CV-00751-WBS-KJN
STIPULATION TO WITHDRAW STIPULATED
REQUEST TO CONTINUE HEARING OF
DEFENDANTS' MOTION TO DISMISS;
[PROPOSED] ORDER

CITY OF TRACY and R. LEON CHURCHILL,
Defendants.

Stip re: Withdrawal
CASE NO. 15-CV-00751-WBS

Hearing Date:
Time:
Courtroom:
Judge:
Trial Date:

February 6, 2017
1:30 p.m.
5, 14th Floor
Hon. William B. Shubb
Not set.

STIPULATION
The parties to this action, Plaintiff JUAN ESPINOZA and Defendants CITY OF TRACY
and R. LEON CHURCHILL, through their respective counsel, stipulate as follows:
Whereas the parties met and conferred beginning January 27, 2017, at the request of
Plaintiff's counsel, who had a calendar conflict with this hearing set for February 6, 2017;
Whereas counsel for all parties agreed the hearing on the Motion to Dismiss would be
continued to either February 21, 2017, or March 6, 2017;
Whereas a stipulation and order for continuance was filed the morning of January 30,
2017 [Docket Number 39];
Whereas the need of Plaintiff's counsel for the continuance no longer exists as of 1:00
p.m., on January 30, 2017;
and,
Whereas, the parties through counsel wish to withdraw the stipulation [Docket Number
39] and to proceed to hearing on February 6, 2017, as originally noticed.
NOW THEREFORE the parties stipulate as follows:
The parties jointly request that the stipulation to continue the hearing [Docket Number
39] be withdrawn and no action be taken upon said stipulation by the Court other than its
withdrawal.
IT IS SO STIPULATED.

Stip re: Withdrawal
CASE NO. 15-CV-00751-WBS

Dated: January 30, 2017
LIEBERT CASSIDY WHITMORE
ARLIN B. KACHALIA

By: /s/ Arlin B. Kachalia
ARLIN B. KACHALIA
Attorneys for Defendants
CITY OF TRACY AND R. LEON CHURCHILL
Dated: January 30, 2017
Law Office of Russell A. Robinson

By: /s/ Russell A. Robinson
RUSSELL A. ROBINSON
Counsel for Plaintiff
JUAN ESPINOZA

Stip re: Withdrawal
CASE NO. 15-CV-00751-WBS

ORDER
PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN,
The Court hereby orders that the subject stipulation [Docket Number 39] is hereby deemed
withdrawn, and this matter shall proceed to hearing on February 6, 2017, as originally noticed.
IT IS SO ORDERED.
Dated: January 30, 2017

Stip re: Withdrawal
CASE NO. 15-CV-00751-WBS