Cook, et al. v. City of Fairfield, et al.

Filing 50

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/12/2017 ORDERING the Dispositive Motions deadline is EXTENDED to 4/20/2017. (Washington, S)

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Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
CITY OF FAIRFIELD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BILLY ROBERT COOK, MICHAEL JOHN
MAROULAS, AND BECKY SMISEK-GAGE,
Plaintiffs,

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STIPULATION AND ORDER EXTENDING THE
DEADLINE FOR HEARING OF DISPOSITIVE
MOTIONS

v.

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Case No. 2:15-cv-02339- KJM-KJN

CITY OF FAIRFIELD, a municipal
corporation; FORMER CITY OF FAIRFIELD
POLICE CHIEF WALT TIBBET, in his
individual and official capacities; REBECCA
BELK and AARON BERTSCH, individually
and in their official capacities as police
sergeants for the City of Fairfield, FRANK
PIRO, KELLY ROMBACH, MARK APLEY,
ADAM BRUNIE, CHRISTOPHER GRIMM,
HEITH PULSIPHER, and DOES 1-50,
individually and in their capacities as peace
officers,

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HONORABLE KIMBERLY J. MUELLER

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Defendants.

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STIPULATION AND ORDER EXTENDING DEADLINE FOR HEARING OF DISPOSITIVE MOTIONS
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Plaintiffs Billy Robert Cook, Michael John Maroulas, and Becky Smisek-Gage, acting by and

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through their attorney of record, and Defendants City of Fairfield, Walt Tibbet, Rebecca Belk, Aaron

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Bertsch, Frank Piro, Kelly Rombach, Adam Brunie, Christopher Grimm, and Keith Pulsipher, acting by

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and through their attorney of record, have met and conferred regarding scheduling issues and have

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stipulated to and respectfully request an order extending the dispositive motion deadline as follows:

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1.

Defendants filed a Motion to Dismiss the Third Amended Complaint on July 15, 2016.

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This Court issued an Order on that Motion on September 25, 2017. While that Motion

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was pending, the parties were limited in their ability to conduct discovery.

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2.

Since the issuance of the Court’s September 25, 2017 Order on Defendants’ Motion to

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Dismiss, the parties have exchanged substantive discovery, and anticipate setting

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depositions soon.

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completing more discovery to date.

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3.

Scheduling issues on both sides have prevented the parties from

The parties have met and conferred regarding Defendants’ intent to file a dispositive

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motion regarding several existing defendants and causes of action. However, the current

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status of discovery has hampered Plaintiffs’ ability to analyze the advisability of

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proceeding with the current causes of action and defendants and has impeded Defendants’

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analysis of the viability of a Motion for Summary Judgment and/or Adjudication.

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4.

To accommodate these concerns, and to allow the parties further time to meet and confer,

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the parties request that the deadline for hearing on dispositive motions, currently set for

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January 12, 2018 per Docket 35, be extended by 90 days to April 18, 2018.

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The parties stipulate and respectfully request the court order the above stipulation.

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Dated: December 12, 2017

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By: /s/Gregory Fox
Gregory M. Fox
Attorney for Defendant
City of Fairfield

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STIPULATION AND ORDER EXTENDING DEADLINE FOR HEARING OF DISPOSITIVE MOTIONS
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Dated: December 12, 2017

LAW OFFICES OF JUSTIN KIRK TABAYOYON

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By: /s/ Justin Kirk Tabayoyon (as authorized on
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Justin Kirk Tabayoyon
Attorney for Plaintiffs

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ORDER

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Good Cause appearing the Stipulation is SO ORDERED.

The dispositive motion hearing

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deadline currently set for January 18, 2018 is continued by 90 days to April 20, 2018.

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DATED: December 12, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER EXTENDING DEADLINE FOR HEARING OF DISPOSITIVE MOTIONS
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN