Berg v. Kazalec et al
Filing
54
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2011 and agreed between the parties to CONTINUE the hearing on defendants' Motion to Dismiss/Sever to 2/23/2012 at 10:00 AM ; plaintiff's opposition and defendant's reply for the motion shall be based off the new hearing date of 2/23/2012; and defendant Sacramento County Sheriff's Department initial responsive pleading or motion is now due on 1/26/2012. (Yin, K)
<![CDATA[
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
DAVID JOHN BERG,
No. 2:09-CV-01492 MCE KJN
11
Plaintiff,
12
v.
13
14
15
16
SECOND STIPULATION FOR
CONTINUANCE OF HEARING;
[PROPOSED] ORDER
JOHN DOES; DEPUTY KAZALEC;
DEPUTY ISLAS; DEPUTY YOUNGBERG;
DEPUTY TUCKER; DEPUTY KENDRICK;
DEPUTY CATOR; DEPUTY MROZINSKI;
DEPUTY TODD; DEPUTY ROSALES,
Date:
December 8, 2011
Date:
February 23, 2012
Time:
10:00 A.M.
Courtroom: 25, 8th Floor
Judge:
The Hon. Kendall J. Newman
Defendants.
17
18
19
20
WHEREAS the hearing on the motion to dismiss and to sever the First Amended
21
Complaint (hereinafter referred to as “Motion to Dismiss/Sever”), brought by defendants
22
DEPUTY TODD, DEPUTY TUCKER, DEPUTY YOUNGBERG, DEPUTY ROSALES,
23
DEPUTY CATER, DEPUTY MROZINSKI and DEPUTY KACALEK, is currently set for
24
December 8, 2011;
25
WHEREAS the Motion to Dismiss/Sever was originally set for November 10, 2011;
26
WHEREAS the parties Stipulated to continue the Motion to Dismiss/Sever in order to
27
continue settlement negotiations;
WHEREAS the Stipulation subsequently became an Order entered by this Court on
28
RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
(916) 443-4443
STIPULATION FOR CONTINUANCE; [PROPOSED]
ORDER
Case No. 2:09-cv-01492 MCE KJN
335204.1
-1-
1
October 28, 2011;
2
WHEREAS PLAINTIFF DAVID JOHN BERG was recently transferred to a new facility
3
on or about October 27, 2011, thereby interrupting his ability to communicate with his counsel of
4
record and, in turn, participate in settlement negotiations;
WHEREAS a result of PLAINTIFF’s relocation, the parties settlement negotiations were
5
6
put on hold;
7
WHEREAS PLAINTIFF is now able to communicate with his counsel and the parties
8
continue to engage in settlement negotiations that may fully resolve this case in the next few
9
weeks; and
10
11
WHEREAS the parties seek to reduce litigation costs and the expenditure of Court
resources by abating all motions practice that would be mooted by settlement;
12
13
THEREFORE, the parties now hereby stipulate through their counsel of record, as
follows:
14
1.
Subject to Court approval, the parties agree to continue the hearing date on the
15
currently pending Motion to Dismiss/Sever from December 8, 2011, to February 23, 2012, at
16
10:00 a.m.;
17
18
2.
The deadlines for Plaintiff’s opposition and Defendant’s reply for the Motion to
Dismiss/Sever will be based off the new hearing date of February 23, 2012;
19
3.
The parties further agree that the newly named defendant, SACRAMENTO
20
COUNTY SHERIFF’S DEPARTMENT, shall have until January 26, 2012, to file its initial
21
responsive pleading or motion, which is presently due on November 29, 2011.
22
////
23
////
24
////
25
////
26
////
27
////
28
////
RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
(916) 443-4443
STIPULATION FOR CONTINUANCE; [PROPOSED]
ORDER
Case No. 2:09-cv-01492 MCE KJN
335204.1
-2-
1
IT IS SO STIPULATED.
2
3
DATE: November 22, 2011
DOWNEY BRAND LLP
4
5
_____/s/ Julianne R. Kay_______
Frank E. Noey
Julianne R. Kay
Attorneys for Plaintiff
6
7
8
DATE: November 22, 2011
RANDOLPH CREGGER & CHALFANT LLP
9
10
_______/s/ Robert L. Chalfant ____________
Robert L. Chalfant
Wendy Motooka
Attorneys for Defendants
11
12
13
[PROPOSED] ORDER
14
After considering the Stipulation by and between the parties through their counsel of
15
record, IT IS HEREBY ORDERED THAT:
16
17
1.
December 8, 2011, shall be continued to February 23, 2012, at 10:00 a.m.;
18
19
The hearing on defendants’ pending Motion to Dismiss/Sever, previously set for
2.
The deadlines for Plaintiff’s opposition and Defendant’s reply for the Motion to
Dismiss/Sever shall be based off the new hearing date of February 23, 2012; and
20
3.
Defendant Sacramento County Sheriff’s Department shall have an extension of
21
time to file its initial responsive pleading or motion in this action. The County’s responsive
22
pleading or motion is now due on January 26, 2012.
23
IT IS SO ORDERED.
24
25
DATED: November 30, 2011
26
27
28
RANDOLPH CREGGER &
CHALFANT LLP
1030 G St.
Sacramento, CA 95814
(916) 443-4443
STIPULATION FOR CONTINUANCE; [PROPOSED]
ORDER
Case No. 2:09-cv-01492 MCE KJN
335204.1
-3-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
