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

Filing 88

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/28/2019 ORDERING the 77 Motion to Dismiss is CONTINUED to 4/18/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Washington, S)

1 DOUGLAS R. THORN (133521)
1380 Lead Hill Boulevard

2 First Floor, Suite 106
Roseville, CA 95661

3 [phone]

4 Attorneys for Plaintiffs
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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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STIPULATION AND ORDER

Plaintiffs,

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Case No. 2:16-cv-02566-TLN-EFB

vs.
City of West Sacramento; West Sacramento Police
Department; Jason M. Winger; David M. Stallions;
Michael Duggins; Kenneth E. Fellows; Carl J.
Crouch; Eric M. Palmer; Matthew S. Luiz; Louis
Cameron; David Delani; West Sacramento Doe 1
through 25; City of Stockton; Stockton Police
Department; Dan T. Zwicky; Stockton Doe 26
through 50; Yolo County; Yolo County District
Attorney;Attorney Robert A. Gorman; Attorney
Ryan J. Couzens; Yolo County Doe 51 through 75;
Rafael Altamirano; and Doe 76 through 100,
Defendants.

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STIPULATION AND ORDER

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Counsel for Plaintiffs and counsel for defendant Zwicky and the City of Stockton and its employees

2 and Stockton Police Department and its employees stipulate to give Plaintiffs additional time to file their
3 motions pursuant to the leave granted to them by the Court in its ruling on the Zwicky motion to dismiss
4 and Plaintiffs opposition to the Attorney General’s certification of Zwicky as a federal task force agent (See
5 Document 69, Order at 44:10-11). And they stipulate to move the hearing and briefing schedule on the
6 Stockton defendants’ motion to dismiss (Document 77) because Plaintiffs’ counsel cannot complete all of
7 the work required of counsel under the current deadlines. Plaintiffs except yet another motion to dismiss
8 to be filed by the City of West Sacramento defendants but they have yet to respond to the First Amended
9 Complaint. The stipulating parties therefore agree as follows, subject to the Court’s approval:
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1.

The 30-day period the Court gave Plaintiffs to move to amend their First Amended

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Complaint under its order of February 5, 20191 is extended for one-week through March 14, 2019.

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Pursuant to their earlier stipulation granting defendant Zwicky additional time to respond to whatever

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motion Plaintiffs file, which the Court approved (Document 82, Order on Stipulation), Plaintiffs and

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defendant Zwicky shall file a stipulation and proposed order on or before March 6, 2019, regarding the

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timing of defendant Zwicky’s Answer or other response.

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2.

The hearing on the City of Stockton and Stockton Police Department motion to dismiss is

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moved from March 21, 2019, to April 11, 2019 to give Plaintiffs’ counsel 14-days from the date the Zwicky

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motions referenced in the previous paragraph are due.

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AGREED

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February 27, 2019

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/s/ Douglas R. Thorn
DOUGLAS R. THORN
Attorney for Plaintiffs

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Judge Nunley signed the order on February 4, 2019 but the order was not filed and served until
the next day, February 5, 2019. The extra week Plaintiffs’ requested is one-week from the date
the order was filed.

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STIPULATION AND ORDER

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February 27, 2019

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/s/ Joseph Frueh (written authorized on 27 Feb 2019)
JOSEPH FRUEH
Attorney for defendant ZWICKY

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February 27, 2019

JAMIL R. GHANNAM
Attorney for defendant CITY OF STOCKTON
and STOCKTON POLICE DEPARTMENT

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Jamil Ghannam (written authorization on 27 Feb 2019)

ORDER
The Court has read and considered the Ex-parte Application, declaration of Douglas
Thorn, and the Stipulation and Proposed Order to extend time for Plaintiffs to file a motion
to amend their First Amended Complaint pursuant to the Court prior order (Document 69)
and move the hearing (and briefing schedules under Local Rule 230) on the motion to
dismiss filed by the City of Stockton and Stockton Police Department (Document 77) to
April 18, 2019. Good cause appearing for the requested relief, the Application is granted.
IT IS SO ORDERED
Dated: February 28, 2019

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER

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