McCullough et al v. Contra Costa County et al

Filing 7

ORDER GRANTING MOTION TO CONTINUE AND STAY ALL RULE 26 OBLIGATIONS RELATED THERETO 6 . Initial Case Management Conference set for 3/26/2014 02:00 PM in Courtroom A, 15th Floor, San Francisco. Parties must file consent/declination and case management statement no later than 3/19/2014. Signed by Judge Nathanael Cousins on 2/10/14. (lmh, COURT STAFF) (Filed on 2/10/2014)

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JOHN L. BURRIS, Esq., SBN 69888
BEN NISENBAUM, Esq., SBN 222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone] Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARIA MCCULLOUGH, individually
)
and as co-successor-in-interest to
)
Decedent DONALD MCCULLOUGH SR.; )
MINNIE MCCULLOUGH, individually and )
as co-successor-in-interest to Decedent )
DONALD MCCULLOUGH SR.;
)
DONYELL MCCULLOUGH, individually )
and as co-successor-in-interest to Decedent )
DONALD MCCULLOUGH SR.;
)
DONALD MCCULLOUGH JR., individually)
and as co-successor-in-interest to Decedent )
DONALD MCCULLOUGH SR and DEVON)
MATTHEWS, individually and as
)
co-successor-in-interest to Decedent
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DONALD MCCULLOUGH SR.,
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Plaintiffs,
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vs.
)
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CONTRA COSTA COUNTY, a municipal )
corporation; SHERIFF’S DEPUTY MITCH )
MOSCHETTI, Individually, SHERIFF’S
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DEPUTY ERIC VAN SCOY, Individually,
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SHERIFF’S DEPUTY MATTHEW
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INGERSOLL, Individually, SHERIFF’S
)
DEPUTY DILLON HUME, Individually,
)
SHERIFF’S DEPUTY JOSEPH JACINTO,
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Individually and DOES 1-50, Jointly
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and Severally,
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Defendants.

Case No.: 3:13-cv-05425-NC
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND STAY ALL RULE 26
OBLIGATIONS RELATED
THERETO AND [PROPOSED]
ORDER

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND STAY ALL RULE 26
OBLIGATIONS RELATED THERETO AND [PROPOSED] ORDER

WHEREAS the plaintiff filed the instant complaint on November 21,

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2013;
WHEREAS the instant complaint filed on November 21, 2013 was

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served on the defendants in this matter on January 28, 2014;
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WHEREAS the defendants’ answer is due February 18, 2014;
WHEREAS the Case Management Statement in the instant matter is due

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on February 12, 2014 and the Case Management Conference is scheduled for

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February 19, 2014 at 10:00 a.m.;

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WHEREAS due to all of the above the plaintiffs are requesting that the

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Case Management Conference is rescheduled to a date thirty-five days or

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thereabout from February 19, 2014 or to March 26, 2014 at 10:00 a.m. or as

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soon thereafter as the matter may be heard by the Court.

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All Rule 26 obligations shall be continued in relation to the new Case
Management Conference date per the Federal Rules of Civil Procedure and

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Local Rules.
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Respectfully submitted,

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LAW OFFICES OF JOHN L. BURRIS

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Dated: February 10, 2014,

By:/s/ Benjamin Nisenbaum
John L. Burris, Esq.
Benjamin Nisenbaum, Esq.
Attorney for Plaintiffs
Maria McCullough, et al.

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND STAY ALL RULE 26
OBLIGATIONS RELATED THERETO AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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This matter comes before the Court upon the Plaintiffs ’ Request to
Continue Case Management Conference and Stay All Rule 26 Deadlines Related
Thereto. Upon careful scrutiny, and for good cause shown, the Court finds the
request well taken and grants the request to continue the Case Management
Conference and stay all related Rule 26 obligations.

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Accordingly, it is hereby ORDERED that:
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1. The Case Management Conference, originally set for hearing on
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. Parties must file consent or declination no later than March 19, 2014.
2. All Rule 26 obligations shall be continued in relation to the
new Case Management Conference date per the Federal Rules of Civil
Procedure and Local Rules.

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DATED: February ___, 2014
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RT

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___________________________
TED
HonorableGRAN
Nathanael M. Cousins
United States Magistrate Judge

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UNIT
ED

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IT IS SO ORDERED.

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S DISTRICT
TE
C
TA

thanael
Judge Na

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s

A

H

ER

M. Cousin

R NIA

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March 26, 2014 at 2:00 p.m.

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February 19, 2014, shall be continued to

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N

D IS T IC T
R

OF

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND STAY ALL RULE 26
OBLIGATIONS RELATED THERETO AND [PROPOSED] ORDER