Lenkner et al v. County of Tehama

Filing 31

STIPULATION and ORDER signed by District Judge John A. Mendez on 09/05/18 CONTINIUNG the following dates: Last day to complete discovery: 12/14/18; Last day to file dispositive motions: 02/19/19; Hearing on dispositive motions: 03/19/19 at 1:30 p.m.; Final Pretrial Conference set for 4/26/2019 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez and Jury Trial set for 6/3/2019 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Benson, A.)

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1 5 A PROFESSIONAL CORPORATION Stephen E. Horan, SBN 125241 David R. Norton, SBN 291448 350 University Avenue, Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 6 Attorney for Defendant, COUNTY OF TEHAMA 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 12 13 14 15 ROBERT LENKNER; MATT JACUZZI; FRED BICKERT; EDDIE SAECHAO; JOHN ALDERTON; AARON STANDISH MATHISEN; ELIZABETH MERRY; CONNIE BILTON; RANDOLPH BILTON; AND THE BILTON FAMILY REVOCABLE TRUST, 16 17 Case No.: 2:17-cv-01839-JAM-CMK JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND ORDER (AS MODIFIED BY THE COURT) Plaintiffs, Complaint Filed: 09/05/17 v. 18 19 COUNTY OF TEHAMA, a municipal corporation; and DOES 1-50, 20 Defendants. 21 22 ___________________________________/ 23 This Stipulation is entered into by and between Plaintiffs ROBERT LENKNER, MATT 24 JACUZZI, EDDIE SAECHAO, JOHN ALDERTON, AARON STANDISH MATHISEN, 25 ELIZABETH MERRY, CONNIE BILTON, RANDOLPH BILTON, AND THE BILTON 26 FAMILY REVOCABLE TRUST and COUNTY OF TEHAMA (“Defendant”) (“The Parties”). The 27 Parties enter into the stipulation and proposed order in compliance with the Federal Rule of Civil 28 Procedure 16(b) and the requirements of the scheduling order. The Parties have conferred and agree 1 JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND [PROPOSED] ORDER {01880496.DOCX} 1 to request to continue the trial date from March 25, 2019 to May 27, 2019, and request that the 2 scheduling order be adjusted accordingly. The Parties agree and propose the following scheduling 3 amendments based on the proposed new trial date: December 14, 2018 Last day to file dispositive motions: February 19, 2019 6 Hearing on dispositive motions: March 19, 2019 at 1:30 p.m. 7 Final pre-trial conference: April 26, 2019 at 11:00 a.m. 8 Trial: June 3, 2019 at 9:00 a.m. 9 The Parties have good cause to request an extension. Plaintiffs Robert Lenkner and 10 Randolph Bilton have recently suffered serious health problems that will delay the taking of their 11 PORTER | SCOTT Last day to complete discovery: 5 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 4 deposition and their ability to respond to discovery. In addition, Defendant intends to file a 12 summary judgment motion in this matter, but cannot do so until discovery regarding all Plaintiffs 13 has been completed. Therefore, the Parties request a brief 60-day continuance of all deadlines so 14 that Defendant may have the opportunity to defend this matter against Plaintiffs’ claims. 15 16 IT IS SO STIPULATED. Date: September 5, 2018 17 PORTER | SCOTT A PROFESSIONAL CORPORATION 18 By /s/ David R. Norton Stephen E. Horan David R. Norton Attorneys for Defendant COUNTY OF TEHAMA 19 20 21 22 23 Date: September 5, 2018 LAW OFFICE OF SAMUEL C. WILLIAMS 24 25 By: /s/ Samuel C. Williams (authorized 9/5/18) Samuel C. Williams Attorney for Plaintiffs 26 27 28 2 JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND [PROPOSED] ORDER {01880496.DOCX} 1 2 3 4 ORDER (AS MODIFIED BY THE COURT) Based upon the Stipulation of the parties, the current scheduling order is modified as set forth above. IT IS SO ORDERED. 5 6 DATED: 9/5/2018 7 /s/ John A. Mendez____________ Honorable Judge John A. Mendez 8 9 10 PORTER | SCOTT 350 University Avenue, Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND [PROPOSED] ORDER {01880496.DOCX}

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