Jackson v. Calone, et al.

Filing 197

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/6/2018 RESCHEDULING 179 Motion for Summary Judgment Hearing for 3/7/2019 at 02:00 PM, including all associated briefing deadlines. The Opposition and Reply deadlines will be calculated from the new hearing date. (Huang, H)

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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Case No.: 2:16-cv-00891 TLN KJN

Plaintiff,

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v.

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STIPULATION AND ORDER TO CONTINUE
THE HEARING ON PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT SO THAT
DEFENDANTS CAN TAKE THE
DEPOSITIONS OF PLAINTIFF’S EXPERT
WITNESSES

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

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DATE:
TIME:
DEPT.

Defendants.

JANUARY 10, 2019
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 the hearing date for Plaintiff’s Motion for Partial Summary Judgment, and related deadlines for
23 the Opposition and Reply to, Plaintiff’s Motion is currently set to be heard in Department 2 on January
24 10, 2019; Defendants’ Opposition to the Motion is due on December 27, 2018.
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The parties have agreed to continue the hearing to the first available date on the Court’s calendar

26 in March 2019 in order to provide Defendants additional time to depose and obtain transcripts from those
27 depositions of two experts the Plaintiff relies upon in her moving papers, including the Separate Statement
28 of Undisputed Facts and Evidence, to wit: (1) retained expert Robin Klomparens; and (2) non-retained
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STIPULATION AND ORDER TO CONTINUE THE HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

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

3 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 were not

5 available for deposition on the dates noticed by Defendants.
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After meeting and conferring on deposition dates, on or about November 20, 2018, Plaintiff’s

7 counsel informed Defendants that the earliest date Robin Klomparens was available for deposition was
8 December 18, 2018, and that Dr. Scaief was not available for his deposition until December 19, 2018.
9 The depositions of these experts have now been noticed for December 18 and 19, 2018 respectively.
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Defendants believe that the information from Plaintiff’s experts listed above will raise a genuine

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

16 Plaintiff’s Motion For Partial Summary Judgment, and all associated briefing deadlines, from January 10,
17 2019 to the earliest date on the Court’s calendar in March 2019.
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The parties further agree that the Opposition and Reply deadlines will be calculated from the new

19 hearing date.
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IT IS SO STIULATED

21 Dated: December 6, 2018
ELLIS LAW GROUP LLP
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By

/s/ Theresa M. LaVoie
Theresa M. LaVoie
Attorney for Defendants
RICHARD CALONE, CALONE & HARREL LAW
GROUP, LLP, CALONE & BEATTIE, LLP, AND
CALONE LAW GROUP, LLP

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

1 Dated: December 6, 2018
NAGELEY, KIRBY & WINBERRY, LLP
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By

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/s/ Lanny T. Winberry
Lanny T. Winberry
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 January

9 10, 2019 hearing date on Plaintiff’s Motion for Partial Summary Judgment is hereby vacated and
10 rescheduled for March 7, 2019, at 2:00 PM, including all associated briefing deadlines. The Opposition
11 and Reply deadlines will be calculated from the new hearing date.
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IT IS SO ORDERED.

13 Dated: December 6, 2018
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Troy L. Nunley
United States District Judge

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