Lucas v. City of Visalia et al

Filing 80

STIPULATION and ORDER Lifting Stay and Setting Scheduling Conferencesigned by Magistrate Judge Jennifer L. Thurston on 11/15/2011. Scheduling Conference set for 1/4/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. Filing Deadline: 12/28/2011. (Leon-Guerrero, A)

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1 2 3 4 5 6 David E. Weiss (SBN 148147) Email: dweiss@reedsmith.com Cristina M. Shea (SBN 179895) Email: cshea@reedsmith.com Ashley L. Shively (SBN 264912) Email: ashively@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: Facsimile: +1 415 543 8700 +1 415 391 8269 7 8 Attorneys for Plaintiff JESSE RAY LUCAS REED SMITH LLP UNITED STATES DISTRICT COURT 10 A limited liability partnership formed in the State of Delaware 9 EASTERN DISTRICT OF CALIFORNIA 11 JESSE RAY LUCAS, individually, Plaintiff, 12 13 14 15 16 17 18 vs. CITY OF VISALIA; VISALIA POLICE DEPARTMENT; ROBERT CARDEN, individually and in his capacity as Chief of Police of the Visalia Police Department; VISALIA POLICE OFFICER CARMEN ESPARZA, individually and in her capacity as a police officer; VISALIA POLICE OFFICER SEAN O'RAFFERTY, individually and in his capacity as a police officer; TASER INTERNATIONAL, INC.; and DOES 1 to 30, Case No.: 1:09-cv-01015-AWI-JLT STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE _ (Doc. 79) 19 Defendants. 20 21 22 23 24 25 26 27 28 No.: 1:09-cv-01015-AWI-JLT –1– US_ACTIVE-107680123.1 STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE 1 2 The parties to this litigation, by and through their respective attorneys of record hereby submit this Stipulation and Order Lifting Stay and Setting Scheduling Conference. 3 STIPULATION 4 WHEREAS, on April 13, 2011 this Court vacated all future dates in this matter and granted a 5 stay of the civil proceedings until criminal proceedings against Plaintiff Jesse Ray Lucas were 6 concluded in state court; 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 WHEREAS, the criminal proceedings have now concluded and the parties wish to lift the stay and resume the civil case. WHEREAS, the parties agree a Scheduling Conference should be set on January 4, 2012, or at a date and time thereafter to be determine by the Clerk of the this Court. 11 THEREFORE, based on the foregoing, it is agreed that: 12 1. The stay granted on April 13, 2011 is lifted; 13 2. A Scheduling Conference should be set on January 4, 2012, or at a date and time 14 thereafter to be determine by the Clerk of the this Court. 15 SO STIPULATED: 16 DATED: November 15, 2011 17 REED SMITH LLP 18 By 19 20 21 22 /s/ Ashley L. Shively Ashley L. Shively Attorneys for Plaintiff JESSE RAY LUCAS DATED: November 15, 2011. DOOLEY, HERR, PELTZER & RICHARDSON LLP 23 24 25 26 27 By /s/ Leanoard C. Herr Leonard C. Herr Ron Statler Attorneys for Defendants CITY OF VISALIA, VISALIA POLICE DEPARTMENT, OFFICER CARMEN ESPARZA and OFFICER SEAN O’RAFFERTY 28 No.: 1:09-cv-01015-AWI-JLT –2– US_ACTIVE-107680123.1 STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE ORDER 1 2 Based on the foregoing stipulation of the Parties, it is hereby ORDERED: 3 1. The stay, issued on April 13, 2011 (Doc. 78), is LIFTED ; 4 2. A Scheduling Conference is set for January 4, 2012 at 10:00 a.m. at 1200 Truxtun 5 Avenue, Suite 120, Bakersfield, CA 93312. 3. 6 No later than December 28, 2011, counsel SHALL file a joint scheduling report that 7 details the discovery completed before the stay was imposed, if any, and addresses the requirements 8 of the Order Setting Mandatory Scheduling Conference, dated June 10, 2009. (Doc. 9) 4. 9 Counsel are authorized to appear by telephone at the scheduling conference. In the REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 event that more than one attorney wishes to appear by telephone, counsel shall jointly agree whether 11 they will appear by CourtCall or via conference call and note this decision on the facepage of their 12 joint statement. If counsel decide to appear by conference call, all attorneys shall be on the line 13 before the call is placed to the Court at (661) 326-6624; 14 15 16 IT IS SO ORDERED. Dated: 17 November 15, 2011 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 18 19 9j7khijed 20 21 22 23 24 25 26 27 28 No.: 1:09-cv-01015-AWI-JLT –3– US_ACTIVE-107680123.1 STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE

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