Hernandez v. City of Stockton et al

Filing 30

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/8/19 ORDERING this matter STAYED. The length of the stay will be discussed at the time of the hearing of plaintiff's motion to withdraw on 9/24/19. (Kastilahn, A)

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DAVEY L. TURNER, SBN 196886
Email: [e-mail]
DRIVON TURNER & WATERS
215 North San Joaquin Street
Stockton, CA 95202
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, DANIEL HERNANDEZ

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CAROLYN FRANK, SBN 245479
Email: [e-mail]
COLE HUBER LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants, CITY OF STOCKTON; STOCKTON POLICE DEPARTMENT,
LUIS NAVARRO, MATTHEW WRIGHT and SERGEANT RICHARD BUCKLEY

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BRUCE A. KILDAY, SBN 66415
Email: [e-mail]
KEVIN J. DEHOFF, SBN 252106
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant, MATTHEW HUFF

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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DANIEL HERNANDEZ,
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Plaintiff,

NO. 2:18-CV-01316-JAM-EFB

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v.
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CITY OF STOCKTON; CITY OF
STOCKTON POLICE DEPARTMENT;
LUIS NAVARRO, in his individual
capacity as a Stockton Police Officer;
MATTHEW WRIGHT, in his individual
capacity as a Stockton Police Officer;
MATTHEW HUFF, in his individual
capacity as a Stockton Police Officer;
SERGEANT RICHARD BUCKLEY,
in his individual capacity as a Stockton
Police Officer; and DOES 1 through
100, inclusive,

STIPULATION AND ORDER TO STAY
CIVIL ACTION PENDING PLAINTIFF
COUNSEL’S MOTION TO WITHDRAW AS
ATTORNEY OF RECORD
(Rule 143) (Fed. R. Civ. P. 83)
TRIAL DATE: 6/1/20
JUDGE: Hon. John A. Mendez
COURTROOM: #6

Defendants.
/
___________________________________________________________________
STIPULATION AND ORDER TO STAY CIVIL ACTION
PENDING PLAINTIFF COUNSEL’S MOTION TO
WITHDRAW AS ATTORNEY OF RECORD

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The parties, by and through their respective counsel of record, hereby stipulate that this action be stayed

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pending an upcoming hearing on a motion to withdraw as counsel of record being brought by plaintiff’s

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counsel. Plaintiff counsel’s hearing is scheduled for 9/24/19, Courtroom #6, 1:30 p.m., Honorable John

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A. Mendez. Plaintiff counsel requests the court order the case stayed on the basis of the following

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circumstances:

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1. Upon a period of time of not being able to contact plaintiff, DANIEL HERNANDEZ, plaintiff’s

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counsel herein (Davey L. Turner and Robert T. Waters) made a personal visit to his residence. At that time

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(for several reasons) it became apparent that it would be necessary for plaintiff’s counsel to bring a motion

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to withdraw as counsel.

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2. Plaintiff’s counsel in good faith has good reason to believe that their motion to withdraw as attorney

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of record will be granted and a good faith belief that Plaintiff’s counsel lacks authority to act on plaintiff’s

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behalf. Absent this stay, it would be difficult, if not impossible, for plaintiff’s counsel to timely disclose

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expert witnesses for plaintiff and therefore plaintiff could be potentially be prejudiced. As all parties have

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stipulated herein, the issuance of the stay will not substantially injure any other party in this proceeding.

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Lastly, and for all of these factors, public interest will be served in granting the stay.

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3. The next approaching date in this matter is the expert witness disclosures under Fed R. Civ. P.
26(a)(2) due by 9/6/19. Jury trial is set for 6/1/20.
3. Plaintiff’s counsel will be filing a motion to withdraw shortly, however, pending the hearing of that

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motion, plaintiff herein requests a stay of the action.

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DATED: August 8 , 2019
/s/
DAVEY L. TURNER
Attorney for Plaintiff DANIEL HERNANDEZ

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DATED: August 8, 2019

/s/
CAROLYN FRANK
Attorney for Defendants CITY OF STOCKTON;
STOCKTON POLICE DEPARTMENT,
LUIS NAVARRO, MATTHEW WRIGHT and
SERGEANT RICHARD BUCKLEY

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___________________________________________________________________
STIPULATION AND ORDER TO STAY CIVIL ACTION
PENDING PLAINTIFF COUNSEL’S MOTION TO
WITHDRAW AS ATTORNEY OF RECORD

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DATED: August 8, 2019
/s/
BRUCE A. KILDAY
Attorney for Plaintiff MATTHEW HUFF

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ORDER

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Based upon the stipulation of the parties, and good cause appearing therefor, all proceedings in this

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matter are hereby stayed (including the soon approaching disclosure of expert witnesses due on

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9/6/19) pending the hearing and resolution of plaintiff counsel’s motion to withdraw from this matter

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presently set for 9/24/19, 1:30 p.m., Courtroom #6.

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Additionally, the length and the factors of the stay on the proceedings will be fully discussed at the

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time of the hearing of plaintiff’s motion to withdraw on 9/24/19.

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Dated: August 8, 2019
/s/ John A. Mendez
U.S. District Court Judge
HON. JOHN A. MENDEZ

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___________________________________________________________________
STIPULATION AND ORDER TO STAY CIVIL ACTION
PENDING PLAINTIFF COUNSEL’S MOTION TO
WITHDRAW AS ATTORNEY OF RECORD

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