Baldwin et al v. Colley et al

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER To Continue the Case Management Conference filed by Antioch Police Department, James Colley, Malad Baldwin, Kathryn Wade, Casey Brogdon Case Management Statement due by 11/1/2016. Further Case Management Conference set for 11/8/2016 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 7/29/16. (sisS, COURT STAFF) (Filed on 7/29/2016)

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JAMES V. FITZGERALD, III (State Bar No. 55632)
[e-mail]
NOAH G. BLECHMAN (State Bar No. 197167)
[e-mail]
AMY S. ROTHMAN (State Bar No. 308133)
[e-mail]
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
OFFICER JAMES COLLEY, OFFICER CASEY BROGDON;
and CITY OF ANTIOCH

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MALAD BALDWIN AND KATHRYN
WADE,

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Plaintiffs,
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Case No. C15-02762 KAW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE

vs.
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Judge: Kandis A. Westmore
OFFICER JAMES COLLEY (#4705), in
his official and individual capacities,
OFFICER CASEY BROGDON (#5334), in
his official and individual capacities,
ANTIOCH POLICE DEPARTMENT, and
CITY OF ANTIOCH, CALIFORNIA ,
Defendants.

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Plaintiffs MALAD BALDWIN AND KATHRYN WADE, and Defendants OFFICER

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JAMES COLLEY, OFFICER CASEY BROGDON; and CITY OF ANTIOCH, by and through

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their respective attorneys of record, hereby stipulate to the following:

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1. WHEREAS Plaintiffs filed a civil rights complaint in the United States District

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Court in the Northern District of California on June 19, 2015, arising out of an

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incident relating to the arrest of Plaintiff by officer(s) with the Antioch Police

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Department, that occurred on April 28, 2014.
STIPULATION AND ORDER TO CONTINUE
THE CASE MANAGEMENT CONFERENCE
C15-02762 KAW

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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2. WHEREAS Defendants’ attorneys of record from the McNamara Law Firm have a
two week plus trial set to begin on September 12, 2016, in front of the Honorable
Judge Charles R. Breyer, namely Banta v. Four Walnut Creek Police Officers,
Case No. C13-00342 CRB.
3. WHEREAS Plaintiffs’ attorney of record, Mark W. Kelsey, has a felony trial set to
begin on September 27, 2016, in the Contra Costa County Superior Court, namely
People v. Steven Lawrence Butler, Docket No. 01-175541-2, which is likely to
take up to one month to complete.
4. WHEREAS this matter is currently set for a Further Case Management Conference
on September 20, 2016, which will likely interfere with the previously scheduled
trial indicated in Paragraph 2.
5. WHEREFORE, there is good cause to continue this Further Case Management
Conference in this matter, and the parties, by and through their respective counsel,
respectfully seek an Order from the Court to continue the Further Case
Management Conference to Tuesday, November 8, 2016 at 1:30 p.m..
IT IS SO STIPULATED
The parties attest that concurrence in the filing of these documents has been obtained from
each of the other Signatories, which shall serve in lieu of their signatures on the document.

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Dated: July28, 2016

The Law Offices of Mark W. Kelsey
By:___/s/ Kelsey, Mark_____________________
Mark W. Kelsey
Attorney for Plaintiffs, MALAD BALDWIN, and
KATHRYN WADE

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STIPULATION AND ORDER TO CONTINUE
THE CASE MANAGEMENT CONFERENCE
C15-02762 KAW

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Dated: July 28, 2016

MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Blechman, Noah
James V. Fitzgerald, III
Noah G. Blechman
Amy S. Rothman
Attorneys for Defendants
OFFICER JAMES COLLEY, OFFICER CASEY
BROGDON; and CITY OF ANTIOCH

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ORDER
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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS HEREBY ORDERED AS
FOLLOWS:
The Further Case Management Conference set for September 20, 2016, is hereby
continued to November 8, 2016 at 1:30 p.m. The parties are to file the further Case Management
Conference statement no later than one week prior to this conference.

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IT IS SO ORDERED

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7/29
Dated: _______________, 2016

By:

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_____________________________________
Hon. Kandis Westmore
U.S. District Court Magistrate Judge

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STIPULATION AND ORDER TO CONTINUE
THE CASE MANAGEMENT CONFERENCE
C15-02762 KAW

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