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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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
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Attorneys for Plaintiff
JESSE RAY LUCAS
REED SMITH LLP
UNITED STATES DISTRICT COURT
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A limited liability partnership formed in the State of Delaware
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EASTERN DISTRICT OF CALIFORNIA
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JESSE RAY LUCAS, individually,
Plaintiff,
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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
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(Doc. 79)
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Defendants.
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No.: 1:09-cv-01015-AWI-JLT
–1–
US_ACTIVE-107680123.1
STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE
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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.
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STIPULATION
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WHEREAS, on April 13, 2011 this Court vacated all future dates in this matter and granted a
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stay of the civil proceedings until criminal proceedings against Plaintiff Jesse Ray Lucas were
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concluded in state court;
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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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.
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THEREFORE, based on the foregoing, it is agreed that:
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1.
The stay granted on April 13, 2011 is lifted;
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2.
A Scheduling Conference should be set on January 4, 2012, or at a date and time
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thereafter to be determine by the Clerk of the this Court.
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SO STIPULATED:
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DATED: November 15, 2011
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REED SMITH LLP
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By
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/s/ Ashley L. Shively
Ashley L. Shively
Attorneys for Plaintiff JESSE RAY LUCAS
DATED: November 15, 2011.
DOOLEY, HERR, PELTZER & RICHARDSON LLP
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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
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No.: 1:09-cv-01015-AWI-JLT
–2–
US_ACTIVE-107680123.1
STIPULATION AND ORDER LIFTING STAY AND SETTING SCHEDULING CONFERENCE
ORDER
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Based on the foregoing stipulation of the Parties, it is hereby ORDERED:
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1.
The stay, issued on April 13, 2011 (Doc. 78), is LIFTED ;
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2.
A Scheduling Conference is set for January 4, 2012 at 10:00 a.m. at 1200 Truxtun
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Avenue, Suite 120, Bakersfield, CA 93312.
3.
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No later than December 28, 2011, counsel SHALL file a joint scheduling report that
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details the discovery completed before the stay was imposed, if any, and addresses the requirements
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of the Order Setting Mandatory Scheduling Conference, dated June 10, 2009. (Doc. 9)
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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
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event that more than one attorney wishes to appear by telephone, counsel shall jointly agree whether
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they will appear by CourtCall or via conference call and note this decision on the facepage of their
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joint statement. If counsel decide to appear by conference call, all attorneys shall be on the line
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before the call is placed to the Court at (661) 326-6624;
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IT IS SO ORDERED.
Dated:
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November 15, 2011
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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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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