Cuviello et al v. Cal Expo, et al
Filing
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STIPULATION and ORDER 8 signed by Judge Kimberly J. Mueller on 11/30/11; The parties have entered into the following stipulation to extend the time for Defendants to file a responsive pleading. Defendants believe the complaint was not appropriately served on all the individual defendants and intended on filing a motion to dismiss for improper service. The parties have met and conferred on this matter. To avoid the time and expense in adjudicating such a motion, the parties have reached the fol lowing agreement: All Defendants, save Officer Rocky Mayes, will agree to deem service on them as proper; Plaintiffs will agree to give all Defendants (including Defendant Mayes) until November 18, 2011 to file a responsive pleading; All Defendants, save Officer Rocky Mayes, will agree to give Plaintiffs until December 15, 2011, oppose their motion to dismiss; Defendant Mayes is in the process of obtaining counsel, which is part of the reason an extension is necessary. He will be asked to join the stipulation on service and the extension on the opposition once he retains his own counsel.(Matson, R)
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GEORGE A. ACERO (SBN: 226709)
GORDON & REES LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: (916) 565-2900
Facsimile: (916) 920-4402
gacero@gordonrees.com
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Attorneys for Defendants CALIFORNIA EXPOSITION & STATE FAIR (erroneously sued as
CAL EXPO, a public entity), NORBERT BARTOSIK, CEO and General Manager of
California Exposition & State Fair, BRIAN MAY, Deputy General Manager, POLICE CHIEF
ROBERT CRAFT, SERGEANT CRAIG WALTON (sued as Cal Expo Police Sergeant
Walton), OFFICER ROBERT WHITTINGTON (sued as Cal Expo Police Officer Whittington),
OFFICER LARRY MENARD (sued as Cal Expo Police Officer Menard), OFFICER
EVEREST ROBILLARD (sued as CAL EXPO POLICE OFFICER ROBILLARD), and
OFFICER JOHN TATARAKIS (erroneously sued as Cal Expo Police Officer Tartarsik)
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Gordon & Rees LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH P. CUVIELLO, DENIZ BOLBOL,
SHANNON CAMPBELL AND MARK ENNIS,
individually,
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Plaintiffs,
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vs.
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CAL EXPO, a public entity, CAL EXPO GENERAL )
MANAGER NORBERT BARTOSIK, CAL EXPO )
DEPUTY GENERAL MANAGER BRIAN MAY, )
CAL EXPO POLICE CHIEF ROBERT CRAFT,
)
CAL EXPO POLICE SERGEANT WALTON, CAL )
EXPO POLICE OFFICER MAYES, CAL EXPO
)
POLICE OFFICER WHITTINGTON, CAL EXPO )
POLICE OFFICER MENARD, CAL EXPO
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POLICE OFFICER ROBILLARD, CAL EXPO
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POLICE OFFICER TARTARSIK, and DOES 1-20, )
in their individual and official capacities, Jointly and )
Severally,
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Defendants.
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CASE NO. 2:11-CV-02456-KHM-EFB
STIPULATION TO EXTEND TIME
TO FILE A RESPONSIVE
PLEADING; ORDER
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-1STIPULATION TO EXTEND TIME TO FILE A RESPONSIVE PLEADING; ORDER
2:11-CV-024456-KJM-EFB
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The parties have entered into the following stipulation to extend the time for Defendants
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to file a responsive pleading. Defendants believe the complaint was not appropriately served on
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all the individual defendants and intended on filing a motion to dismiss for improper service.
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The parties have met and conferred on this matter. To avoid the time and expense in
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adjudicating such a motion, the parties have reached the following agreement:
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Gordon & Rees LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
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1.
All Defendants, save Officer Rocky Mayes, will agree to deem service on them as
2.
Plaintiffs will agree to give all Defendants (including Defendant Mayes) until
proper;
November 18, 2011 to file a responsive pleading;
3.
All Defendants, save Officer Rocky Mayes, will agree to give Plaintiffs until
December 15, 2011, oppose their motion to dismiss;
4.
Defendant Mayes is in the process of obtaining counsel, which is part of the
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reason an extension is necessary. He will be asked to join the stipulation on service and the
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extension on the opposition once he retains his own counsel.
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IT IS SO STIPULATED.
Dated: November 4, 2011
GONZALEZ & LEIGH, LLP
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By: /s/ G. Whitney Leigh___________
G. WHITNEY LEIGH
Attorneys for Plaintiffs DENIZ BOLBOL and
SHANNON CAMPBELL
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Dated: November 4, 2011
LAW OFFICES OF DAVID J. BEAUVAIS
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By: __/s/ David J. Beauvais_______
DAVID J. BEAUVAIS
Attorneys for Plaintiff MARK ENNIS
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-2STIPULATION TO EXTEND TIME TO FILE A RESPONSIVE PLEADING; ORDER
2:11-CV-024456-KJM-EFB
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Dated: November 4, 2011
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By: __/s/ Joseph P. Cuviello____
JOSEPH P. CUVIELLO
Plaintiff in Pro Se
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November 4, 2011
GORDON & REES LLP
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By: /s/ George A. Acero_______
GEORGE A. ACERO
Attorneys for Defendants CALIFORNIA
EXPOSITION & STATE FAIR,
NORBERT BARTOSIK, CEO and
General Manager of California Exposition
& State Fair, BRIAN MAY, Deputy
General Manager, Police Chief ROBERT
CRAFT, Sergeant CRAIG WALTON,
Officer ROBERT WHITTINGTON,
Officer LARRY MENARD, Officer
EVEREST ROBILLARD, and Officer
JOHN TATARAKIS
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Gordon & Rees LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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Date: 11/30/2011
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_____________________________________
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
f0d3h4mi
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-3STIPULATION TO EXTEND TIME TO FILE A RESPONSIVE PLEADING; ORDER
2:11-CV-024456-KJM-EFB
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