Lull v. County of Sacramento et al

Filing 60

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/27/2020 MODIFYING the Scheduling Order as follows: Dispositive Motion Deadline extended to 90 days after the District Judge rules on 49 Motion for Reconsideration. The 10/19/2020 Trial is VACATED, to be reset following the court's ruling on all dispositive motions. (Coll, A)

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RIVERA HEWITT PAUL LLP
WENDY MOTOOKA, SBN 233589
11341 Gold Express Drive, Suite 160
Gold River, California 95670
Tel: [phone] Fax: [phone]
Email: [e-mail]
Attorneys for Defendant CORY STEWART
Christopher Lull (Pro Per)
8633 Antelope North Rd.
Antelope Ca 95843
916-826-4815

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LULL,

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Plaintiff,

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Case No.: 2:17-cv-01211 TLN EFB PS

vs.
COUNTY OF SACRAMENTO, CORY
STEWART, MICHAEL DOANE, AND
DOES 1 to 100,

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STIPULATION
TO
MODIFY
THE
SCHEDULING ORDER TO EXTEND THE
TIME TO HEAR DISPOSITIVE MOTIONS
AND TO VACATE THE TRIAL DATE AND
RELATED DATES; [PROPOSED] ORDER
THEREON

Defendants.

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WHEREAS this case commenced on June 9, 2017, and included a Fourth Amendment
cause of action for false arrest (unreasonable seizure);

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WHEREAS the Court dismissed the Fourth Amendment cause of action without leave to
amend on March 30, 2018 (Docs. 15 & 21);

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WHEREAS the Court entered a Scheduling Order on May 3, 2019, which set October 19,

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2020 as the trial date, and May 20, 2020 as the date by which dispositive motions must be

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completed (Doc. 41);

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RIVERA HEWITT PAUL LLP
11341 Gold Express Drive, Suite 160
Gold River, CA 95670
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER
Case No. 2:17-cv-01211 TLN EFB

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WHEREAS on December 6, 2019, plaintiff CHRISTOPHER LULL moved for
reconsideration of the dismissal of his Fourth Amendment claim (Doc. 49);

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WHEREAS the Court entertained this motion, requested additional briefing, and the
motion remains under submission as of the date of this Stipulation (Doc. 55);

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WHEREAS defendant CORY STEWART intends to file a motion for summary judgment,
which would be due no later than mid-April 2020 under the current Scheduling Order;

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WHEREAS the scope of the issues for defendant’s dispositive motion will remain

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uncertain until the Magistrate Judge issues Findings & Recommendations on the pending motion

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for reconsideration, and the District Judge reviews them;

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WHEREAS the parties believe that judicial economy, docket management, and

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conservation of the parties’ resources would be best served by vacating the trial date and

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modifying the Scheduling Order to allow the parties two months to prepare dispositive motions

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once the motion for reconsideration has been decided;

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THEREFORE, the parties hereby stipulate, by and through their counsel of record, as
follows:

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1.

That the current Scheduling Order be modified to extend the time to hear

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dispositive motions to 90 days after the District Judge rules on the pending motion for

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reconsideration; and

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2.

That the trial date and related dates be vacated, to be re-set as appropriate

following the Court’s ruling on the dispositive motions;

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IT IS SO STIPULATED AND REQUESTED BY THE PARTIES.

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DATE: March 16, 2020

RIVERA HEWITT PAUL LLP

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/s/ Wendy Motooka
WENDY MOTOOKA
Attorneys for Defendant CORY STEWART

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RIVERA HEWITT PAUL LLP
11341 Gold Express Drive, Suite 160
Gold River, CA 95670
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER
Case No. 2:17-cv-01211 TLN EFB

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DATE: March 16, 2020

/s/ Christopher Lull (as authorized on 3/16/2020)
CHRISTOPHER LULL (Pro Per)

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[PROPOSED] ORDER
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After considering the Stipulation by and between the parties through their counsel of
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record, and good cause appearing, IT IS HEREBY ORDERED THAT:
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1.

The Scheduling Order entered on May 3, 2019 is hereby modified as follows:

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a.

The time to hear dispositive motions shall be extended to 90 days after the

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District Judge rules on the pending motion for reconsideration (Doc. 49);
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b.

The trial date of October 19, 2020 and all related dates are VACATED, to

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be re-set as appropriate following the Court’s ruling on all dispositive motions.
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IT IS SO ORDERED.
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DATED: March 27, 2020.
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RIVERA HEWITT PAUL LLP
11341 Gold Express Drive, Suite 160
Gold River, CA 95670
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER
Case No. 2:17-cv-01211 TLN EFB

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