Sanchez v. Andruss et al

Filing 49

ORDER GRANTING 48 STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, TO EXTEND TIME FOR RESPONSE, REPLY AND SETTLEMENT CONFERENCE. The hearing on the motion for summary judgment is continued to March 15, 2013. (mmclc2, COURT STAFF) (Filed on 1/29/2013)

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4 Jeff Dominic Price, Esq. Attorney at Law SBN 165534 1512 16th Street, Suite 2 Santa Monica, California 90404 jeff.price@mac.com Tel. 310.463.6210 Fax 310.728.1705 5 Attorney for Plaintiff 1 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 JULIO CESAR SANCHEZ, 11 Plaintiff, 12 vs. 13 14 DALLAS ANDRUSS et al., Defendants. No. C 10-03213-MMC STIPULATION TO CONTINUE HEARING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, TO EXTEND TIME FOR RESPONSE, REPLY AND SETTLEMENT CONFERENCE 15 16 The parties, through their counsel of record, have met and conferred. In the 17 interests of justice and judicial economy the parties have stipulated that the hearing 18 on the Motion for Summary Judgment should be continued to March 15, 2013, 19 that the response to the Motion for Summary Judgment should be due February 20 22, 2013, and that the Reply should be due March 1, 2013. The parties stipulate to 21 this schedule because counsel for plaintiff was sick for a few weeks in December 22 because it appears he took on a waterborne bacteria or other contaminant while 23 surfing, counsel for plaintiff is starting a complex trial starting on February 5, 24 2013, in district court in Los Angeles, counsel for plaintiff is starting another civil 25 rights trial starting on February 26, 2013, in district court in Los Angeles. In 26 addition, it has been difficult for counsel for plaintiff to speak with his client 27 because of prison disturbances; he has spoken with his client but will not have time 28 to transmit declarations back and forth to his client in time to file a response to the 1 - STIPULATION TO CONTINUE HEARING ON SUMMARY JUDGMENT MOTION, FILING DATES ETC. 1 Motion for Summary Judgment, despite the fact that he immediately sent the 2 motion papers to his client. Also, counsel for plaintiff is seeking permission to 3 depose defendant Andruss in a separate filing. Additionally, there is a distinct 4 possibility that the parties can agree to narrow down the issues presented in the 5 Motion for Summary Judgment if additional time is afforded counsel for plaintiff 6 to review the motion and discuss it with the plaintiff. Thus, the parties stipulate to 7 the continuance of the Motion for Summary Judgment hearing date and the filing 8 dates for the response and the reply, in addition to the date for the settlement 9 conference until a time after the issuance of the ruling on the defense summary 10 11 12 13 judgment motion. Thus, the parties stipulate to the continuance of the hearing on the Motion for Summary Judgment, now set for February 22, 2013, to March 15, 2013. IT IS SO STIPULATED. 14 15 Dated: January 25, 2013 /s/ by Jeff Price by permission Julianne Mossler Deputy Attorney General for Defendants Dated: January 25, 2013 /s/ Jeff Price Jeff Price Attorney for Plaintiff Sanchez 16 17 18 19 20 21 22 23 PURSUANT TO General Order 45, § 10(B), counsel for plaintiff hereby attests that Ms. Mossler gave permission to electronically sign this stipulation on her behalf. IT IS SO ORDERED 24 25 26 27 January 29, 2013 Dated: _______________ United States Judge Maxine M. Chesney 28 2 - STIPULATION TO CONTINUE HEARING ON SUMMARY JUDGMENT MOTION, FILING DATES ETC.

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