Jackson v. Calone, et al.

Filing 182

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/24/18 CONTINUING 179 Motion for Summary Judgment from 11/15/18 to 1/10/2019, including all associated briefing deadlines. The Opposition and Reply deadlines will be calculated from the new hearing date. (Mena-Sanchez, L)

1 Mark E. Ellis - 127159
Theresa M. LaVoie - 143773
2 ELLIS LAW GROUP LLP
1425 River Park Drive, Suite 400
3 Sacramento, CA 95815
Tel: [phone]
4 Fax: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Defendants RICHARD CALONE; CALONE & HARREL LAW GROUP, LLP;
CALONE & BEATTIE, LLP; CALONE LAW GROUP, LLP
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOROTHY RODDEN JACKSON,

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Plaintiff,

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v.

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RICHARD CALONE; CALONE & HARREL
LAW GROUP, LLP; CALONE & BEATTIE,
LLP; CALONE LAW GROUP, LLP,

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Defendants.

Case No.: 2:16-cv-00891 TLN KJN
STIPULATION AND PROPOSED ORDER
TO CONTINUE THE HEARING ON
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT SO THAT DEFENDANTS CAN
TAKE THE DEPOSITIONS OF
PLAINTIFF’S EXPERT WITNESSES
DATE:
TIME:
DEPT:

NOVEMBER 15, 2018
2:00 A.M.
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TRIAL DATE: NONE SET
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Plaintiff Dorothy Jackson and Defendants Richard Calone, Calone & Harrell Law Group, LLP,

21 Calone & Beattie, LLP, and Calone Law Group, LLP, have agreed and hereby request this Court to
22 continue hearing date for Plaintiff’s Motion for Partial Summary Judgment, and related deadlines for the
23 Opposition and Reply to, Plaintiff’s Motion is currently set to be heard in Department 2 on November 15,
24 2018; Defendants’ Opposition to the Motion is thus due on November 1, 2018.
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The parties have agreed to continue the hearing to January 10, 2019 in order to provide Defendants

26 time to depose and obtain transcripts from those depositions, of the three experts Plaintiff relies upon in
27 her moving papers, including the Separate Statement of Undisputed Facts and Evidence, to wit: (1)
28 retained expert Robin Klomparens; (2) retained expert Susan Thompson, and (3) non-retained expert Dr.
-1_____________________________________________________________________________________________________________________________ _________________________________________________________________________________________

STIPULATION AND PROPOSED ORDER TO CONTINUE THE HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

1 Lee Scaief.
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On October 10, 2018, Defendants Noticed the Depositions Robin Klomparens for October 23,

3 2018, Susan Thompson for October 30, 2018, and Dr. Lee Scaief for November 6, 2018.
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On October 19, 2018, Plaintiff’s counsel informed Defendants’ counsel that these experts are not

5 available for deposition on the dates noticed by Defendants.
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On October 22, 2018, Plaintiff’s counsel informed Defendants that Robin Klomparens is not

7 available for deposition until November 30, 2018; Ms. Thompson is not available until October 31, 2018,
8 and Plaintiff is still checking the availability for Dr. Scaief for November 6, 2018.
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Defendants believe that the information from Plaintiff’s experts listed above will raise a genuine

10 issue of material fact and therefore, that Plaintiff’s Motion should be continued pursuant to Federal Rules
11 of Civil Procedure 56(d). Plaintiff does not agree that these depositions will raise genuine issues of facts,
12 but nevertheless does not oppose the request to continue the hearing date given the limited availability of
13 these three experts.
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Consequently, the parties have agreed and request this Court to continue the hearing date of

15 Plaintiff’s Motion For Partial Summary Judgment, and all associates briefing deadlines, from November
16 15, 2018 to January 10, 2019.
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The parties further agree that the Opposition and Reply deadlines will be calculated from the new

18 hearing date.
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IT IS SO STIULATED

20 Dated: October 24, 2018
ELLIS LAW GROUP LLP
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By /s/ Mark E. Ellis
Mark E. Ellis
Attorney for Defendants
RICHARD CALONE, CALONE & HARREL LAW
GROUP, LLP, CALONE & BEATTIE, LLP, AND
CALONE LAW GROUP, LLP

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STIPULATION AND PROPOSED ORDER TO CONTINUE THE HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

1 Dated: October 24, 2018
NAGELEY, KIRBY & WINBERRY, LLP
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By /s/ James R. Kirby II
James R. Kirby II
Attorneys for Plaintiff
DOROTHY RODDEN JACKSON

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ORDER
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Based on the Stipulation by the parties, and for good cause shown, the Court orders that the

9 November 15, 2018 hearing date on Plaintiff’s Motion for Partial Summary Judgment is hereby vacated
10 and rescheduled for January 10, 2019, including all associated briefing deadlines The Opposition and
11 Reply deadlines will be calculated from the new hearing date.
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IT IS SO ORDERED.

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Dated: October 24, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION AND PROPOSED ORDER TO CONTINUE THE HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT