Robles v. County of Sacramento et al

Filing 35

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/2/19 MODIFYING the Pretrial Scheduling Order 27 as follows: The hearing date of Defendant County of Sacramento's Motion for Summary Judgment is RESET to 2/11/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. Plaintiff Pablo Robles response to Defendant County of Sacramento's Motion for Summary Judgment is CONTINUED to be served electronically and filed on or about 1/7/20. The County of Sa cramento's Reply to the Opposition to the Motion for Summary Judgment, if any, is CONTINUED to beserved electronically and filed on 1/14/20. The Joint Pretrial statement is RESET to 3/13/20. The Final pre-trial conference is RESET to 3/20/2020 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial is RESET for 6/22/2020 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Mena-Sanchez, L)

KEVIN W. HARRIS, S.B.N. 133084
Attorney at Law
1387 Garden Hwy., Ste. 200
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]
RYAN P. FRIEDMAN, S.B.N. 252244
FRIEDMAN LAW FIRM, INC.
1383 Garden Hwy., Ste. 200
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs

UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

)
)
)
Plaintiff,
)
vs.
)
)
County of Sacramento; Sheriff Scott
)
Jones, in his official capacity, Deputy
Hardy (Badge No. 1434) , Deputy Daniel )
(Badge No. 645), Deputy Movahan (Badge )
)
No. 452), Deputy PAM (Badge No. 31),
)
Sgt. M. Lopez (Badge No. 179), Deputy
Matoon (Badge No. 1095), Officer S.
)
)
Roby (Badge No. 529), and Does 1-40,
)
inclusive.
)
)
Defendants.
)
)
)
Pablo Robles;

{02118868.DOC}

CASE NO.: 2:17-cv-01580-JAM-AC
REVISED JOINT STIPULATION TO
MODIFY SCHEDULING ORDER TO
RESET MOTION FOR SUMMARY
JUDGMENT, TO EXTEND TIME FOR
OPPOSITION AND REPLY TO MOTION
FOR SUMMARY JUDGMENT,
PRETRIAL AND TRIAL DATES; ORDER
Date:
December 10, 2019
Time:
1:30 p.m.
Courtroom: 6

Complaint Filed: 12/04/2017
First Amended Comp.: 3/20/2018

Plaintiff PABLO ROBLES and Defendant COUNTY OF SACRAMENTO by and
through their respective counsel of record, submit the following Stipulation to Modify the
PreTrial Scheduling Order, Order dated August 20, 2018 (ECF No. 27).
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and
with the approval of the Court, that the following:
1)

That the hearing date set in the instant matter pursuant to the PreTrial Scheduling

Order dated August 20, 2018 (ECF No. 27) for Defendant COUNTY OF SACRAMENTO’S
MOTION FOR SUMMARY JUDGEMENT set for December 10, 2019, at 1:30 p.m. in Court
Room 6 be continued to February 11, 2020, at 1:30 in Court Room 6.
2)

That Plaintiff Pablo Robles Opposition to Defendant COUNTY OF

SACRAMENTO’S MOTION FOR SUMMARY JUDGEMENT which is currently due on
September 26, 2019, be continued to be served electronically and filed on or about January 28,
2020.
3)

That the COUNTY OF SACRAMENTO’s Reply to the Opposition to the Motion

for Summary Judgement, if any, be continued from December 3, 2019, to February 4, 2020.
4)

Good cause exists due to the declaration of Kevin W. Harris which establishes

that he does not have adequate time to prepare a response to this motion due to previously
calendared matters is attached hereto to Modify the Court’s Pretrial PreTrial Scheduling Order
dated August 20, 2018 (ECF No. 27) .
5)

As the dates for the Joint Pretrial Conference Statement, the Final Pretrial

Conference, and the Trial Date in the Court’s Pretrial PreTrial Scheduling Order dated August
20, 2018 (ECF No. 27) would be affected by the Court’s resetting the dates related to the Motion
for Summary Judgment, these dates are being reset to dates which are available to the Court.
{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-AC

2
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018

6)

That the due date for the Joint Pretrial Statement set in the instant matter pursuant

to the PreTrial Scheduling Order dated August 20, 2018 (ECF No. 27) be continued from
January 17, 2020 to March 13, 2020.
7)

That the Final Pretrial Conference set the instant matter pursuant to the PreTrial

Scheduling Order dated August 20, 2018 (ECF No. 27) set for January 24, 2020, at 1:30 p.m. in
Court Room 6 be continued to March 20, 2020, at 11:00 a.m. in Court Room 6.
9)

That the Trial date set the instant matter pursuant to the PreTrial Scheduling

Order dated August 20, 2018 (ECF No. 27) set for March 2, 2020, at 1:30 p.m. in Court Room 6
be continued to June 22, 2020, at 9:00 a.m. in Court Room 6.
Dated: November 25, 2019

Respectfully submitted,

/s/ Kevin W. Harris (authorized on 11-26-19)
Kevin W. Harris
Attorney for Plaintiffs
Dated: December 2, 2019

/s/ John R. Whitefleet
John R. Whitefleet
Porter Scott
Attorneys for Defendant
COUNTY OF SACRAMENTO
DECLARATION OF KEVIN W. HARRIS
I, Kevin W. Harris, declare as follows:
1.

I am the attorney for Plaintiff Pablo Robles in the abovementioned matter. The

parties previously stipulated to extend time in this matter to allow further discovery which the
Court granted. Unfortunately, the discovery could not be completed until December 9, 2019, due

{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-GGH

3
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018

to Defense Counsel and the Person Most Knowledgeable of the County being unavailable until
that date. I took the Deposition of the Person Most Knowledgeable on December 9, 2019, and
ordered the transcript at that time. I have not received a copy of that transcript yet and believe it
is necessary for my opposition to the Motion for Summary Judgment.
2.

Defendant COUNTY OF SACRAMENTO filed and served the Motion for

Summary Judgment on November 12, 2019, for a hearing on December 10, 2019. I do not have
sufficient time to respond to the Motion for Summary Judgment on or by November 26, 2019,
due to my court schedule and other pending matters. The following constitutes the conflict with
my calendar which results in me not having sufficient time:
a

On November 12, 2019, I had a criminal law appearance in a Trial

Set6ting in which a plea and sentencing of our client was taken in Merced County.
b.

On November 13, 2019, I had a Master Hearing in an immigration case in

San Francisco which required me to review the file and prepare for the hearing beforehand.
c.

On November 18, 2019, I had a Master Hearing in an immigration case in

San Francisco which required me to review the file and prepare for the hearing beforehand.
d.

On November 20, 2019, I had two Master Hearings in immigration cases

in San Francisco which required me to review the files and prepare for the hearing beforehand.
e.

On November 21, 2019, I have a Case Management Conference in

Sacramento County Superior Court.
f.

On November 22, 2019, I need to attend an USCIS interview of a client in

g.

On November 25, 2019, I have the deposition of a client in a civil case

Sacramento.

which has been previously reset and for which I need to prepare him.
{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-AC

4
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018

h.

On November 26, 2019, I have a Master Hearing in an immigration case

in San Francisco which requires me to review the file and prepare for the hearing
beforehand.
i.

I have a Motion to Strike/Demurrer in a civil case which I just filed with

the Court on March 25, 2019.
3.

The additional time to allow me to file the Opposition until the December 17,

2019, is due to my schedule after November 26, 2019, as follows:
a.

On November 27, 2019, I have a criminal court appearance for a client in

Madera County.
b.

On December 2, 2019, I have an Individual Hearing in a detained

immigration case in San Francisco in the morning and a Master Hearing in an non-detained
immigration case in the afternoon. I need to prepare for both hearings beforehand.
c.

On December 5, 2019, I have an Individual Hearing in an immigration

case in San Francisco.
The foregoing is true and correct and of my own personal knowledge, if called as a
witness, I could and would competently testify thereto.
Executed this 21st Day of November, 2019.

/s/ Kevin W. Harris
Kevin W. Harris
Declarant

{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-GGH

5
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018

ORDER
GOOD CAUSE appearing, the Court hereby modifies the the PreTrial Scheduling
Order dated August 20, 2018 (ECF No. 27) as follows:
1.

The hearing date of Defendant COUNTY OF SACRAMENTO’S motion for

summary judgment on December 10, 2019, is reset to February 11, 2020, at 1:30 in Court Room
6.
2.

Plaintiff Pablo Robles response to Defendant COUNTY OF SACRAMENTO’S

MOTION FOR SUMMARY JUDGEMENT which is currently due on November 26, 2019, be
continued to be served electronically and filed on or about January 7, 2020.
3.

That the COUNTY OF SACRAMENTO’s Reply to the Opposition to the Motion

for Summary Judgement, if any, which is currently due on December 3, 2019, is continued to be
served electronically and filed on January 14, 2020.
4.

Good cause exists due to the declaration of Kevin W. Harris which establishes

that he does not have adequate time to prepare a response to the motion for summary judgment
due to previously calendared matters is attached hereto to Modify the Court’s Pretrial PreTrial
Scheduling Order dated August 20, 2018 (ECF No. 27.).
5.

The Joint Pretrial statement currently due on January 17, 2020 in the Court’s

Pretrial PreTrial Scheduling Order dated August 20, 2018 (ECF No. 27) is vacated and reset to
March 13, 2020.
6.

The Final pre-trial conference currently set for January 24, 2020 at 10:00 a.m. in

the Court’s PreTrial Scheduling Order dated August 20, 2018 (ECF No. 27) is vacated an reset to
March 20, 2020.
7.

The Trial Date currently set for March 2, 2020 at 9:00 a.m. in the Court’s Pretrial

{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-AC

6
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018

PreTrial Scheduling Order dated August 20, 2018 (ECF No. 27) is vacated and reset to June 22,
2020 at 9:00 a.m. in Courtroom 6.
IT IS SO ORDERED.

Dated: December 2, 2019

{02118868.DOC}
Pablo Robles
Case No. 2:17-cv-01580-JAM-GGH

/s/ John A. Mendez_______________
United States District Court Judge

7
Plnt. Opp. MMPA to Def. Motion to Dismiss
February 27, 2018