McCoy et al v. City of Vallejo et al

Filing 150

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/07/22 RESETTING hearing on 148 Motion to Compel to 2/2/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Benson, A.)

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420 SIERRA COLLEGE DRIVE, SUITE 140
GRASS VALLEY, CA 95945-5091

C o l a n t u o n o , H i g h s m i t h & W h a t l e y, P C

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VERONICA A.F. NEBB
City Attorney, State Bar No. 140001
RANDY J. RISNER
Chief Assistant City Attorney, State Bar No. 172552
KATELYN M. KNIGHT
Assistant City Attorney, State Bar No. 264573
CITY OF VALLEJO, City Hall
555 Santa Clara Street
Vallejo, California 94590
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
MICHAEL G. COLANTUONO, State Bar No. 143551
[e-mail]
JOHN A. ABACI, State Bar No. 166493
[e-mail]
ANDREW C. RAWCLIFFE, State Bar No. 259224
[e-mail]
COLANTUONO, HIGHSMITH & WHATLEY, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants
CITY OF VALLEJO, ANDREW BIDOU, MARK
THOMPSON, BRYAN GLICK, ANTHONY ROMERO15 CANO, COLIN EATON, JORDON PATZER, STEVEN
DARDEN, AND KYLE WYLIE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO.: 2:19-cv-01191-JAM-CKD

KORI MCCOY, etc., et al.,

STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING ON CITY’S
MOTION TO COMPEL DISCOVERY

Plaintiffs,

v.
22 CITY OF VALLEJO, etc., et al.,
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Complaint Filed:
SAC Filed:
Trial Date:
Discovery Cut-off:
Motion Cut-off:

Defendants.

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June 27, 2019
March 26, 2021
January 30, 2023
June 3, 2022
July 15, 2022

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273036.1

Case No. 2:19-cv-01191-JAM-CKD

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON CITYS’ MOTION TO COMPEL
DISCOVERY

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IT IS HEREBY STIPULATED by and between the Plaintiffs Kori McCoy, Marc McCoy,

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Louis McCoy, Shawnmell Mitchell, Marquita McCoy, and Barbara Dorsey (“Plaintiffs”) and

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Defendants City of Vallejo, Andrew Bidou, Mark Thompson, Bryan Glick, Anthony Romero-Cano,

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Colin Eaton, Jordon Patzer, Steven Darden, Kyle Wylie and Ryan McMahon (“Defendants”),

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referred to collectively as the “Parties,” by and through their designated counsel, that:

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WHEREAS, on December 28, 2021, all Defendants with the exception of Ryan McMahon,

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who is represented by separate counsel (hereinafter referred to as “City”) filed with this Court a

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Notice of Motion and Motion to Compel Disclosures pursuant to Local Rule 251, to be heard on

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January 19, 2022, at 10:00 A.M. before the Honorable Magistrate Judge Carolyn K. Delaney, in the

420 SIERRA COLLEGE DRIVE, SUITE 140
GRASS VALLEY, CA 95945-5091

C o l a n t u o n o , H i g h s m i t h & W h a t l e y, P C

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United States District Court, Eastern District of California, Robert T. Matsui United States

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Courthouse, 500 I Street, Sacramento, California 95814, Courtroom 24, 8th Floor (via Zoom). The

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motion arises out of a discovery dispute between the City and Plaintiffs.

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WHEREAS, in accordance with Local Rule 251, the City and Plaintiffs are required to file a

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Joint Statement Re Discovery Disagreement by no later than January 12, 2022, in order for the

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motion to remain on calendar.

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WHEREAS, the City and Plaintiffs are in the process of attempting to resolve the motion

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informally and believe that they will know whether they will be able to do so if the hearing is

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continued for two weeks, to the date of February 2, 2022.

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WHEREAS, for these reasons, City and Plaintiffs are requesting that the hearing scheduled

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for January 19, 2022, be rescheduled to allow an additional two weeks for the City and Plaintiffs to

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attempt to work out their differences and enable the Joint Statement to be filed in a timely manner

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under Local Rule 251.

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WHEREAS, counsel of record for City and Plaintiffs have contacted the Courtroom Deputy
and determined that the date of February 2, 2022, is available for a hearing on the motion.
NOW THEREFORE, the Parties, through their undersigned counsel below, hereby stipulate
and agree:

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1. The hearing on City’s motion shall be continued from January 19, 2022, to February 2,

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2022, at 10:00 A.M. before the Honorable Magistrate Judge Carolyn K. Delaney, in the
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273036.1

Case No. 2:19-cv-01191-JAM-CKD

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON CITYS’ MOTION TO COMPEL
DISCOVERY

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United States District Court, Eastern District of California, Robert T. Matsui United

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States Courthouse, 500 I Street, Sacramento, California 95814, Courtroom 24, 8th Floor

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(via Zoom).

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2. The Parties hereby request the Court to enter the Proposed Order set forth below.

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IT IS SO STIPULATED.

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420 SIERRA COLLEGE DRIVE, SUITE 140
GRASS VALLEY, CA 95945-5091

C o l a n t u o n o , H i g h s m i t h & W h a t l e y, P C

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273036.1

Case No. 2:19-cv-01191-JAM-CKD

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON CITYS’ MOTION TO COMPEL
DISCOVERY

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DATED: January 7, 2022

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/s/ John A. Abaci
JOHN A. ABACI
Attorneys for Defendants
City of Vallejo, Andrew Bidou, Mark Thompson,
Bryan Glick, Anthony Romero-Cano, Colin Eaton,
Jordon Patzer, Steven Darden, and Kyle Wylie

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DATED: January 7, 2022

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/s/ Patrick M. Buelna
PATRICK M. BUELNA
Attorneys for Plaintiffs

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420 SIERRA COLLEGE DRIVE, SUITE 140
GRASS VALLEY, CA 95945-5091

C o l a n t u o n o , H i g h s m i t h & W h a t l e y, P C

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DATED: January 7, 2022

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/s/ Derick E. Konz
DERICK E. KONZ
Attorneys for Defendant Ryan McMahon

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IT IS SO ORDERED.

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Dated: January 7, 2022

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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273036.1

Case No. 2:19-cv-01191-JAM-CKD

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON CITYS’ MOTION TO COMPEL
DISCOVERY