McLeod et al v. City of Redding et al

Filing 35

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 05/07/2024 MODIFY the Briefing Schedule and GRANTING 27 Defendants' Motion for Summary Judgment. (Nair, C)

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1 2 3 4 5 6 Attorney for Defendant CITY OF REDDING, GARRETT MAXWELL, AND MATTHEW BRUCE 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 180 Montgomery Street, Suite 1200 San Francisco, California 94104 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 7 DALE L. ALLEN, JR., State Bar No. 145279 dallen@aghwlaw.com AMEET D. PATEL, State Bar No. 343413 apatel@aghwlaw.com ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 San Francisco, CA 94104 Telephone: (415) 697-2000 Facsimile: (415) 813-2045 11 12 13 14 VERONICA MCLEOD, individually and as successor in interest to decedent, DOLORES HERNANDEZ; AMADO HERNANADEZ; individually and as successor in interest to decedent, DOLORES HERNANDEZ; and YSIDRA REGALDO, individually, 15 18 19 JOINT STIPULATION AND REQUEST FOR ORDER TO MODIFY THE BRIEFING SCHEDULE FOR DEFENDANTS’ FILED MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION AND ORDER Plaintiff, Hon. WILLIAM B. SHUBB 16 17 Case No. 2:22-cv-00585-WBS-JDP v. CITY OF REDDING; GARRETT MAXWELL, an individual; MATTHEW BRUCE, an individual; and DOES 2-10, inclusive, Date: Time: Ctrm: June 10, 2024 1:30 p.m. 5 Trial: September 10, 2024 Defendants. 20 21 22 23 TO THE HONORABEL COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: Plaintiffs VERONICA MCLEOD, individually and as successor in interest to decedent, 24 25 26 27 28 DOLORES HERNANDEZ; AMADO HERNANDEZ, individually and as successor in interest to decedent, DOLORES HERNANDEZ; and YSIDRA REGALDO, individually (“Plaintiffs”), and Defendants CITY OF REDDING, GARRETT MAXWELL, and MATTHEW BRUCE (“Defendants”) (collectively “the Parties”), hereby submit this Stipulation and Request for Order 1 658035.1 STIPULATION TO MODIFY MSJ BRIEFING SCHDULE 2:22-CV-00585-WBS-JDP 1 to Modify the Briefing Schedule for Defendants’ Filed Motion for Summary Judgment, or in the 2 Alternative Summary Adjudication. STATEMENT OF GOOD CAUSE 3 1. 4 5 summary adjudication) pursuant to Rule 56 on April 24, 2024 (Dkt. No. 27 – “Motion for 6 Summary Judgment”). 2. 7 Pursuant to Local Rule 230(c) and (d) (and Rule (a)(1)(C)), Plaintiffs’ Opposition 8 to Defendants’ Motion for Summary Judgment (Plaintiffs’ Opposition) is currently due on May 8, 9 2024, and Defendants’ Reply to Plaintiffs’ Opposition (“Defendants’ Reply”) is due on May 20, 10 180 Montgomery Street, Suite 1200 San Francisco, California 94104 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP Defendants timely filed their Motion for Summary Judgment (or in the alternative, 2023. 3. 11 Defense counsel (undersigned) has a pre-planned vacation from May 7, 2024, to 12 May 14, 2024 and other non-case related pending motions, depositions, and hearings over the 13 next two to three weeks. Accordingly, Defendants require additional time to prepare and file their 14 Reply and are requesting an extension of the current filing deadline of May 20, 2023, for 15 Defendants’ Reply. 4. 16 The Parties have met and conferred and have come to an agreement to extend the 17 current filing deadline of May 20, 2023, for Defendants’ Reply, to allow additional time to file 18 Defendants’ Reply. In exchange, Defendants agree to also allow Plaintiffs additional time to file 19 Plaintiffs’ Opposition and to extend the current filing deadline of May 8, 2023, for Plaintiffs’ 20 Opposition. 5. 21 22 Defense counsel has provided a sworn declaration attesting to these aforementioned facts and provided additional information in support of this Stipulation. 6. 23 Accordingly, the Parties hereby stipulate that there is good cause and jointly 24 request that the Court enter an order modifying the briefing schedule for Defendants’ Motion for 25 Summary Judgment as follows: 26 Deadline to file Plaintiffs’ Opposition from May 8, 2024, to May 13, 2024 27 Deadline to file Defendants’ Reply from May 20, 2024, to May 28, 2024. 28 IT IS SO STIPULATED 2 658035.1 STIPULATION TO MODIFY MSJ BRIEFING SCHDULE 2:22-CV-00585-WBS-JDP 1 /// 2 3 Respectfully submitted, Dated: May 6, 2024 4 5 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP By: 6 7 9 10 180 Montgomery Street, Suite 1200 San Francisco, California 94104 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 8 /s/Ameet D. Patel DALE L. ALLEN, JR. AMEET D. PATEL Attorneys for Defendants CITY OF REDDING, GARRETT MAXWELL, and MATTHEW BRUCE Respectfully submitted, Dated: May 3, 2024 LAW OFFICES OF DALE K. GALIPO 11 By: 12 13 /s/Hang D. Le DALE K. GALIPO HANG D. LE Attorneys for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 658035.1 STIPULATION TO MODIFY MSJ BRIEFING SCHDULE 2:22-CV-00585-WBS-JDP 1 ORDER 2 Good cause appearing, the parties’ Stipulation to Modify the Briefing Schedule for 3 Defendants’ Motion for Summary Judgment (Dkt. No. 27) is GRANTED, and the scheduling 4 order is hereby modified as set forth in the stipulation. IT IS SO ORDERED. 5 6 7 Dated: May 7, 2024 9 10 180 Montgomery Street, Suite 1200 San Francisco, California 94104 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 658035.1 STIPULATION TO MODIFY MSJ BRIEFING SCHDULE 2:22-CV-00585-WBS-JDP

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