Blight v. Manteca et al

Filing 113

STIPULATION and ORDER resetting dates 112 signed by Senior Judge William B. Shubb on 7/21/2017: 1) Defendants' Summary Judgment Motion 93 is continued from 8/7/2017 to 9/18/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; 2) the Final Pretrial Conference is continued from 8/28/2017 to 11/20/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 3) the Jury Trial is continued from 10/17/2017 to 1/17/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
KEVIN P. ALLEN, State Bar No. 252290
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CITY OF MANTECA, ARMANDO GARCIA, IAN
OSBORN, PAUL CARMONA and CHRIS S. MRAZ

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UNITED STATES DISTRICT COURT

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JOANNE BLIGHT,
Plaintiff,

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Case No.: 2:15-cv-02513-WBS-AC

v.

STIPULATION RE: SUMMARY JUDGMENT
HEARING; PRETRIAL CONFERENCE; and
TRIAL; [PROPOSED] ORDER

CITY OF MANTECA, a Municipal
Corporation, Manteca Police Department
Detectives ARMANDO GARCIA,
Individually, RANCH JOHNSON,
Individually, KIRK DOTY, Individually,
MIKE KEENER, Individually, IAN
OSBORN, Individually, and ARMEN
AVAKIAN, Individually, Manteca Police
Department Sergeants PAUL CARMONA
and CHRIS S. MRAZ, in their Individual
and Supervisory capacities, and DOES 1
THROUGH 60, Jointly and Severally,

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Defendants.

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TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS
OF RECORD:

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Plaintiff JOANNE BLIGHT (“Plaintiff”) and Defendants CITY OF MANTECA,

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ARMANDO GARCIA, IAN OSBORN, CHRIS MRAZ, and PAUL CARMONA (“Defendants”)

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hereby respectfully request continuation of the summary judgment hearing in this Case, as well as

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the Pretrial Conference date and Trial date.
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182159.1

STIPULATION; PROPOSED ORDER
2:15-CV-02513-WBS-AC

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Summary judgment is currently scheduled for August 7, 2017. The Pretrial Conference is
set for August 28th, with trial on October 17, 2017. The parties have diligently litigated this case,
but the requested scheduling changes are required in order to permit adequate time in between the
hearing on the pending summary judgment motion, and the pretrial conference and trial.

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of an immovable scheduling conflict with the summary judgment hearing. Counsel repeatedly
attempted to resolve the conflict, to no avail. The parties met-and-conferred and both sides are
available on the Court’s next available motion hearing date (August 21, 2017).

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Good cause exists for this stipulation. On July 17, 2017, Plaintiff’s counsel became aware

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Because an August 21st hearing date would only leave one week until the Pretrial
Conference, and 8 weeks until the trial, the parties met-and-conferred and believe it best to also
move the Pretrial Conference and trial dates. Moving all three dates provides the Court time to
consider and rule upon the moving and opposing papers that will be filed in connection with the
summary judgment motion, which involves an extensive volume of evidence, and gives the
parties adequate time between any ruling and trial, including the time needed for preparation and
submission of trial documents. A short trial continuance also resolves a conflict that recently
arose on Defendants’ counsel’s calendar. A matter that was supposed to settle is now certain to go
to trial. That matter is set for October 10, 2017 in San Joaquin County, and anticipated to go two
weeks.

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Based on the foregoing circumstances, by and through their respective counsel of record,
the parties hereby stipulate and respectfully request the following:

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1.

from August 7, 2017 to August 21, 2017;

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That the hearing date for Defendants’ summary judgment motion be continued

2.

That the Pretrial Conference be continued from August 28, 2017 to October 10,

2017;1 and,

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3.

That the trial date be continued from October 17, 2017 to December 12, 2017.

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The parties selected October 10, 2017 because October 9, 2017, a Monday, is Columbus Day, a
federal holiday.
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182159.1

STIPULATION; PROPOSED ORDER
2:15-CV-02513-WBS-AC

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Respectfully submitted,
Dated: July 18, 2017

LAW OFFICE OF SANJAY S. SCHMIDT

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By:

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Dated: July 18, 2017

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ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

/s/ Sanjay S. Schmidt
SANJAY S. SCHMIDT
Attorneys for Plaintiff
JOANNE BLIGHT

By:

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/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF MANTECA, ARMANDO
GARCIA, IAN OSBORN, PAUL CARMONA
and CHRIS S. MRAZ

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PURSUANT TO THE FOREGOING STIPULATION, IT HEREBY ORDERED:

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1.

That the hearing date for Defendants’ summary judgment motion is continued

from August 7, 2017 to September 18, 2017 at 1:30 p.m.;
2.

That the Pretrial Conference is continued from August 28, 2017 to November 20,

2017 at 1:30 p.m., and

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3.

That the trial date is continued from October 17, 2017 to January 17, 2018 at

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9:00 a.m.

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Dated: July 21, 2017

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182159.1

STIPULATION; PROPOSED ORDER
2:15-CV-02513-WBS-AC