Perry v. Chappell

Filing 24

ORDER AS MODIFIED GRANTING STIPULATION TO CONTINUE 22 . Case Management Conference set for 4/15/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Joint Case Management Statement due by 4/8/2015. Signed by Judge Nathanael Cousins on 1/06/2015. (lmh, COURT STAFF) (Filed on 1/6/2015)

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KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General
KYLE A. LEWIS
Deputy Attorney General
State Bar No. 201041
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant Chappell

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. 14-CV-04111 NC
MARK STEPHEN PERRY,

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v.

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KEVIN CHAPPELL, et al.,

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STIPULATION AND [PROPOSED]
Plaintiff, ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE DATE
AS MODIFIED
Judge:
The Honorable Nathanael
Cousins
Trial Date:
None
Action Filed: September 10, 2014
Defendants.

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Plaintiff Mark Stephen Perry (Plaintiff) and Defendant K. Chappell (Defendant), through
their undersigned counsel of record, stipulate and agree as follows:
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On September 10, 2014, Plaintiff commenced this action, filing his

original complaint entitled Mark Stephen Perry v. Kevin Chappell, et al. (ECF No. 1.)
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On September 11, 2014, Magistrate Judge Nathanial Cousins issued the Order Setting

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Initial Case Management Conference and Alternative Dispute Resolution (ADR) Deadlines.

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(ECF No. 4). The Court scheduled the Case Management Conference for December 10, 2014,

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with the Case Management Statement due on December 3, 2014. (Id.)

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Stip. & [PROPOSED] Order Cont. Case Manage. Conf. Date (14-CV-04111 NC)

3.

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On October 22, 2014, the Court issued Summons to Defendant and Instructions

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regarding service of process to the U.S. Marshal’s Service for the Northern District of California.

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(ECF No. 9.)

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4.

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Case Management Conference to January 7, 2015 at 10:00 AM. (ECF No. 12.)
5.

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On December 2, 2014, the Clerk of the Court issued a notice continuing the Initial

On December 10, 2014, Defendant executed a Notice of Receipt and

Acknowledgment of Summons. (ECF No. 14.)

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6.

On December 31, 2014, Defendant answered Plaintiff’s complaint. (ECF No. 21.)

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7.

On January 5, 2015, counsel for the parties conducted an ADR teleconference with

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the Northern District’s ADR Program Director. After discussing the early stage of this case with

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the Director, the parties agreed to a further ADR conference on March 31, 2014.
8.

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Because Defendant has just answered Plaintiff’s complaint and because the parties

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need to conduct their preliminary investigation concerning the case, counsel agree that a Case

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Management Conference is premature at this time. To allow the parties to assess the case and

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better use the Court’s time and resources, the parties respectfully request that the Court continue

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the Initial Case Management Statement deadline and the Initial Case Management Conference

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date for a period of ninety (90) days.

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//

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//

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Stip. & [PROPOSED] Order Cont. Case Manage. Conf. Date (14-CV-04111 NC)

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ACCORDINGLY, the parties stipulate and respectfully request that the Court issue an

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order continuing the dates and deadlines set forth in the September 11, 2014 Initial Case

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Management Scheduling Order and the December 2, 2014 Clerk’s Notice Continuing Case

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Management Conference as follows:

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April 1, 2015
April 8, 2015

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Case Conference Statement due
Initial Case Management Conference

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IT IS SO STIPULATED.

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Dated:

/s/ Mark W. Kelsey

1/6/2015

Mark W. Kelsey
Law Offices of Mark W. Kelsey
Attorney for Plaintiff Mark Perry

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Dated:

/s/ Kyle A. Lewis

1/6/2015

Kyle A. Lewis 1
California Attorney General's Office
Attorneys for Defendant K. Chappell

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SF2014410457
Stipulation and Proposed Order moving CMC date_3.docx

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In accordance with Civil L.R. 5-1(i)(3), counsel for Defendant attests that concurrence in
the filing of this stipulation has been obtained from Plaintiff’s counsel.
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Stip. & [PROPOSED] Order Cont. Case Manage. Conf. Date (14-CV-04111 NC)

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[PROPOSED] ORDER

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Having reviewed and considered the Joint Stipulation of the parties, and good cause

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appearing therefor, IT IS HEREBY ORDERED that the dates and deadlines set forth in the

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September 11, 2014 Initial Scheduling Order and the December 2, 2014 Clerk’s Notice be

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continued as follows:
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April 1, 2015
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April 8, 2015

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Case Conference Statement due
Initial Case Management Conference , Courtroom 7, 4th Floor
San Jose Courthouse. Counsel may appear telephonically.

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thanael M
Judge Na

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NO

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. Cousins

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D
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Magistrate Judge
United States District Court

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NATHANAEL M. COUSINS
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January 6, 2015

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Dated:

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Stip. & [PROPOSED] Order Cont. Case Manage. Conf. Date (14-CV-04111 NC)