Martinez et al. v. City of West Sacramento et al.

Filing 127

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/2/19 MODIFYING Orders 123 and 125 as follows: Opposition by Plaintiffs, if any, to the City of Stockton's Rule 12 121 shall be filed on or before 1/30/20; Reply by the City, if necessary, shall be filed on or before 2/6/20; and, The hearing date shall remain the same as previously ordered, 2/20/20, 2:00 p.m., Courtroom 2, 15th Floor, before Hon. Nunley. (Mena-Sanchez, L)

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JOHN M. LUEBBERKE, City Attorney
State Bar No. 164893
JAMIL R. GHANNAM, Deputy City Attorney
State Bar No. 300730
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
CITY OF STOCKTON and STOCKTON POLICE DEPARTMENT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SONNY MARTINEZ; JESSICA
MARTINEZ, individually and as
the mother and Guardian ad Litem
for minors VJM, GRM, ARM, and
EVM; and JOANN RAMIREZ,

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Plaintiffs,

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vs.

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CITY OF WEST SACRAMENTO,
et al.,

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Defendants.

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Case No. 2:16-CV-02566-TLN-EFB
STIPULATION AND ORDER
MODIFYING THE BRIEFING
SCHEDULE AS TO THE CITY
OF STOCKTON’S MOTION TO
DISMISS
[Doc. Nos. 123 and 125]

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On November 15, 2019 this Court ordered that the hearing on City of Stockton’s Motion

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to Dismiss the Second Amended Complaint (Doc. 121) be continued to December 19, 2019; that

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opposition papers be due December 5, 2019; and, that reply papers be due on December 12,

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2019. (See Doc. 123.) Thereafter, Plaintiffs and the City of Stockton stipulated to continue the

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hearing date only as to the City’s Rule 12 Motion to Dismiss to February 20, 2020. (See Doc.

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125.)

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On November 27, 2019, Plaintiffs’ counsel Douglas Thorn contacted the undersigned and

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informed of a utility services pole fall/failure at his home-office. It has been represented by

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Plaintiffs’ counsel that he is without power and is working with his insurance on getting

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necessary repairs done so as to commence work again. In light of this unforeseen occurrence and

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in an effort to avoid any prejudice to the parties, the City of Stockton and Plaintiffs’ counsel have
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STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE AS TO THE CITY OF STOCKTON’S MOTION TO DISMISS
[Doc. Nos. 123 and 125]

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stipulated to continue the briefing schedule as to the City of Stockton’s Rule 12 Motion to

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Dismiss to coincide with the briefing schedule assigned to the remaining parties. (See Doc. 125.)

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The undersigned parties thus stipulate and request that the Court modify its orders at Doc.
Nos. 123 and 125 as follows:

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Opposition by Plaintiffs, if any, to the City of Stockton’s Rule 12 (Doc. 121) shall be

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filed on or before January 30, 2020;

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Reply by the City, if necessary, shall be filed on or before February 6, 2020; and,

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The hearing date shall remain the same as previously ordered, February 20, 2020, 2:00

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p.m., Courtroom 2, 15th Floor, before Hon. Nunley.

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IT IS SO STIPULATED.
Dated: December 2, 2019

JOHN M. LUEBBERKE
CITY ATTORNEY

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BY

/s/ Jamil R. Ghannam
JAMIL R. GHANNAM
DEPUTY CITY ATTORNEY

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Attorneys for Defendants
CITY OF STOCKTON and
STOCKTON POLICE DEPARTMENT

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Dated: December 2, 2019

DOUGLAS THORN

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/s/ Douglas Thorn1
DOUGLAS THORN

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Attorneys for Plaintiffs

BY

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E-signature affixed as authorized by counsel for Plaintiffs, Douglas Thorn, on December 2, 2019.
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STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE AS TO THE CITY OF STOCKTON’S MOTION TO DISMISS
[Doc. Nos. 123 and 125]

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ORDER

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The Court, pursuant to the parties’ stipulation, hereby modifies its orders at Doc. Nos.

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123 and 125 as follows:

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Opposition by Plaintiffs, if any, to the City of Stockton’s Rule 12 (Doc. 121) shall be

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filed on or before January 30, 2020;

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Reply by the City, if necessary, shall be filed on or before February 6, 2020; and,

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The hearing date shall remain the same as previously ordered, February 20, 2020, 2:00

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p.m., Courtroom 2, 15th Floor, before Hon. Nunley.

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IT IS SO ORDERED.
Dated: December 2, 2019
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE AS TO THE CITY OF STOCKTON’S MOTION TO DISMISS
[Doc. Nos. 123 and 125]