Blight v. Manteca et al

Filing 117

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/1/2017 re: Filing Deadline for Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment. (Donati, J)

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JEFFREY A. SILVIA, ESQ. (121065)
LAW OFFICE OF JEFFREY A. SILVIA, APC
2800 West March Lane, Suite 410
Stockton, California 95219
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
SANJAY S. SCHMIDT (SBN 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
MICHAEL F. BABITZKE (SBN 50048)
MICHAEL F. BABITZKE, INC., APC
6 South El Dorado St., Suite 305
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
JOANNE BLIGHT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
)
)
)
Plaintiff,
)
vs.
)
CITY OF MANTECA, a Municipal
)
Corporation, Manteca Police Department
)
Detectives ARMANDO GARCIA,
)
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,
)
)
Defendants.
)
)
JOANNE BLIGHT,

Case No. 2:15-cv-02513-WBS-AC
STPULATION RE: FILING DEADLINE
FOR PLAINTIFF’S RESPONSE IN
OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION; [PROPOSED] ORDER

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
Stipulation Re: Filing Deadline; [Proposed] Order
Case No. 2:15-cv-02513-WBS-AC

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Plaintiff JOANNE BLIGHT (“Plaintiff”) and Defendants CITY OF MANTECA,
ARMANDO GARCIA, IAN OSBORN, PAUL CARMONA, and CHRIS S. MRAZ,
(“Defendants”) hereby respectfully stipulate that the deadline for filing Plaintiff’s Response in
Opposition to Defendants’ Motion for Summary Judgment or, in the Alternative, Summary
Adjudication, be regarded as the filing deadline that would apply under Local Rule 230(c)
(09/04/17), if September 4, 2017 were not a holiday - in other words, that the filing deadline be
regarded as September 4, 2017, instead of September 1, 2017.
Good cause exists for this Stipulation. This case involves a voluminous amount of
documents and evidence, including sixteen (16) depositions, and a significant amount of evidence

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that requires sensitive treatment of materials that are subject to the Attorneys’ Eyes Only

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Protective Order. Plaintiff’s counsel had allocated time to respond to the Summary Judgment

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Motion based upon the belief that the Opposition was due on September 4, 2017. Plaintiff’s

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counsel had allocated additional time on Monday September 4, 2017 (instead of taking the day
off), in order to make sure that information related to the CI was appropriately redacted and that
counsel filed everything in accordance with the protective Order.
In addition, Mr. Babitzke, who had been assigned specific tasks to perform in responding

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to the Motion, had to undergo orthopedic surgery on August 15, 2017. Mr. Babitzke’s doctor

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instructed him to not return to work until August 30, 2017. Consequently, he was unable to

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complete the tasks assigned to him and, thus, the time that would be available under what was

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understood to be the filing date under LR 230(c) is needed.

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On August 29, 2017, Jeffrey A., Silvia, one of the attorneys for Plaintiff, called defense

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counsel, Kevin P. Allen, and discussed the issues addressed herein. Mr. Allen told Mr. Silvia that

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he believed that Plaintiff’s response was due on September 4, 2017 as well, and therefore was

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willing to enter into this Stipulation. After Plaintiff’s counsel broached this issue with defense

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counsel, Defendants researched it, and no longer believe the filing deadline is 09/04/17.

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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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Stipulation Re: Filing Deadline; [Proposed] Order
Case No. 2:15-cv-02513-WBS-AC

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1.

That the deadline for filing Plaintiff’s Response in Opposition to Defendants’

Motion for Summary Judgment or, in the Alternative, Summary Adjudication, be regarded as the
filing deadline that would apply under Local Rule 230(c) (09/04/17), if September 4, 2017 were
not a holiday – in other words, that the filing deadline be regarded as September 4, 2017;
however,
2.

Plaintiff’s counsel agrees to email an electronic copy of Plaintiff’s Response in

Opposition by 12:00 p.m. (noon), on 09/04/17, to opposing counsel, Kevin Allen, Esq., with the
final, redacted version to be filed by the normal filing deadline on that date.

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Respectfully submitted,
Dated: August 31, 2017

LAW OFFICE OF SANJAY S. SCHMIDT

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By:

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

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Dated: August 31, 2017

ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP

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By:

/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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Stipulation Re: Filing Deadline; [Proposed] Order
Case No. 2:15-cv-02513-WBS-AC

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PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED, and

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the deadline for filing Plaintiff’s Response in Opposition to Defendants’ Motion for Summary

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Judgment or, in the Alternative, Summary Adjudication, shall be regarded as the filing deadline
that would apply under Local Rule 230(c) (09/04/17), if September 4, 2017 were not a holiday –

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in other words, that the filing deadline be regarded as September 4, 2017. However, Plaintiff

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shall email an electronic copy of her Response in Opposition by 12:00 p.m. (noon), on 09/04/17,

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to opposing counsel, Kevin Allen, Esq., with the final, redacted version to be filed by the normal

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filing deadline on that date.

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Dated: September 1, 2017

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Stipulation Re: Filing Deadline; [Proposed] Order
Case No. 2:15-cv-02513-WBS-AC

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