Beltran v. Baker et al

Filing 107

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/27/22 GRANTING Extension of Time. Oppositions to MSJs are due by 1/18/23 & Replies are due by 1/30/23. (Woodworth, M.)

Case 2:17-cv-01520-TLN-AC Document 107 Filed 12/27/22 Page 1 of 3
1 Lillian C. (Munoz) Gaither, Esq. #279427

Jarrett Adams, pro hac vice

2 Law Office of Jarrett Adams, PLLC

40 Fulton Street, Floor 17

3 New York, NY 10038

Ph: [phone]

4 Fax: [phone]
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[e-mail]
[e-mail]
Attorneys For Plaintiff, Jaime Beltran

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JAIME BELTRAN,

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Plaintiff,

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v.
BAKER, et al,

STIPULATION [AND PROPOSED
ORDER] FOR EXTENSION OF TIME
TO RESPOND TO DEFENSE
MOTIONS FOR SUMMARY
JUDGMENT AND CORRESPONDING
CHANGES TO BRIEFING SCHEDULE

Defendants.
Judge: Hon. Magistrate Allison Claire
Trial Date: None
Action filed: July 21, 2017

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Case No. 2:17-cv-01520 TLN AC

WHEREAS, on December 21, 2022, Defendant T. Guerra filed a Motion for Summary

20 Judgment (ECF No. 100);
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WHEREAS, Defendant Guerra initially set the hearing date on the calendar of Hon. Troy

22 Nunley on January 26, 2023, at 2:00 p.m. PST (ECF No. 100);
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WHEREAS, by Minute Order, Judge Troy L. Nunley’s Courtroom Deputy M. Kreuger stated

24 that Defendant Guerra’s Motion for Summary Judgment should be scheduled before Magistrate Judge
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{00124756.DOC/}

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STIPULATION [AND PROPOSED ORDER] FOR EXTENSION OF TIME TO RESPOND TO DEFENSE MOTIONS
FOR SUMMARY JUDGMENT AND CORRESPONDING CHANGES TO BRIEFING SCHEDULE

Case 2:17-cv-01520-TLN-AC Document 107 Filed 12/27/22 Page 2 of 3
1 Allison Claire and that the January 26, 2023 hearing date before Judge Nunley is vacated (ECF No.
2 101);
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WHEREAS, Defendant GUERRA has obtained a new hearing date of February 8, 2023 at 10:00

4 a.m. for the motion before Magistrate Judge Allison Claire and has filed an amended notice of motion
5 (ECF No. 104);
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WHEREAS, Defendants BAKER, CROSS, SMITH, SWETT, and TRAN have filed their

7 motion for summary judgment scheduling it for hearing on February 8, 2023 at 10:00 a.m. before
8 Magistrate Judge Allison Claire (ECF No. 102).
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WHEREAS, Plaintiff plans to file his Oppositions to Defendants’ respective Motions for

10 Summary Judgment, and must also file a Request to File Under Seal in order to provide sufficient
11 evidence in support of his oppositions which will take additional time to prepare and receive the
12 Court’s decision on the Request;
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WHEREAS, between the filing date of Defendant Guerra’s Motion on December 21, 2023, and

14 the due date for Plaintiff’s Opposition 14 days later on January 4, 2023 (Local Rule 230(c)), there are
15 two legal holidays – Christmas and New Year’s Day, with Court closures on December 26, 2022 and
16 January 2, 2023;
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WHEREAS, there appears to be a conflict between the Court’s February 1, 2022 Scheduling

18 Order which states that the hearing on a dispositive motion must be not more than 28 days after the
19 filing deadline of December 28, 2022 (ECF No. 68 at ¶8) and Local Rule 230(b) which provides that
20 the hearing date on a motion for summary judgment must be not less than 35 days after the filing and
21 service date;
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WHEREAS, the parties have agreed to seek the Court’s approval of the following extensions

23 pursuant to Local Rule 144(a), in light of the hearing date of February 8, 2023 date;
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IT IS HEREBY STIPULATED by and between counsel for Defendant Guerra and Defendants

25 Baker, Cross, Smith, Swett and Tran and Plaintiff Beltran as follows:
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{00124756.DOC/}

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STIPULATION [AND PROPOSED ORDER] FOR EXTENSION OF TIME TO RESPOND TO DEFENSE MOTIONS
FOR SUMMARY JUDGMENT AND CORRESPONDING CHANGES TO BRIEFING SCHEDULE

Case 2:17-cv-01520-TLN-AC Document 107 Filed 12/27/22 Page 3 of 3
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1.

The date on which Plaintiff’s Opposition to Defendants’ respective Motions for

2 Summary Judgment, and each of them, will be extended fourteen days to January 18, 2023; and
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2.

The date on which Defendant Guerra’s and Defendants Baker, Cross, smith, Swett, and

4 Tran’s respective Replies in Support of their Motions for Summary Judgment will likewise be extended
5 by thirteen days to January 30, 2023.
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IT IS SO STIPULATED.

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Dated: December 22, 2022.

LAW OFFICE OF JARRETT ADAMS, PLLC
By: /s/ Lillian C. Gaither
Lillian C. Gaither
Jarrett Adams, pro hac vice
Attorneys for Plaintiff, Jamie Beltran

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12 Date: December 22, 2022

ANDRADA & ASSOCIATES

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/s/ Lynne G. Stocker (as authorized on 12/22/23)

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____________________________________
By: Lynne G. Stocker
Attorneys for Defendant Guerra

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17 Date: December 22, 2022
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/s/ Janine K. Jeffery (as authorized on 12/22/23)

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____________________________________
By: Janine K. Jeffery
Attorneys for Defendants,
Baker, Cross, Smith, Swett and Tran

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REILY & JEFFERY, INC.

IT IS SO ORDERED.
DATED: December 27, 2022

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{00124756.DOC/}

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STIPULATION [AND PROPOSED ORDER] FOR EXTENSION OF TIME TO RESPOND TO DEFENSE MOTIONS
FOR SUMMARY JUDGMENT AND CORRESPONDING CHANGES TO BRIEFING SCHEDULE