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STIPULATION AND ORDER TO CONTINUE PRETRIAL CONFERENCE AND TRIAL 

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LAURENCE L. ANGELO, ESQ., SBN 34528 (SPACE BELOW FOR FILING STAMP ONLY) 

ANGELO, KILDAY & KILDUFF 

Attorneys at Law 

601 University Ave. Suite 150 

Sacramento, CA 95825 

Telephone: (916) 564-6100 OK/HAV 

Telecopier: (916) 564-6263 

Attorneys for Defendants, 

COUNTY OF SHASTA; KEN KOENEN, TRACY D. WALLACE, Shasta County 

Sheriff Deputy; JASON GASSOWAY, Shasta County Sheriff Deputy 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

KEVIN D. MCCASKILL, 

 Plaintiff, 

vs. 

COUNTY OF SHASTA; KEN 

KOENEN, Shasta County Sheriff 

Deputy; TRACY D. WALLACE, Shasta 

County Sheriff Deputy; JASON 

GASSOWAY, Shasta County Sheriff 

Deputy; and DOES 1 to 100, 

 Defendants. 

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Case No.: CIV.S -04-0704 DFL KJM

STIPULATION AND ORDER TO 

CONTINUE PRETRIAL 

CONFERENCE AND TRIAL 

Trial Date: January 23, 2006 

Judge Presiding: The Honorable 

David F. Levi 

 

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STIPUALATION

 

WHERAS, this matter is scheduled for a final pretrial conference on 

November 18, 2005 at 2:00 p.m. and the parties hereto are to file a Joint Pretrial 

Statement on or before November 12, 2005; and 

WHEREAS, this matter is scheduled for trial to begin on January 23, 2006 

before the Honorable David F. Levi, Judge Presiding; and 

WHEREAS, for approximately the last three years the wife of defense 

counsel Laurence L. Angelo, has suffered from Alzheimer’s and Louie Body 

Disease, both of which are terminal and may cause her to expire within the next six 

months; and 

WHEREAS, in deference to Mr. Angelo’s personal situation, Plaintiff 

through counsel has differed certain discovery which would have necessitated Mr. 

Angelo leaving the City of Sacramento; and 

WHEREAS, Mr. Angelo’s individual client, Jason Gassaway, and number of 

the witnesses for the defense reside in Burney, California, a mountain community, 

such that if the present trial date is maintained, said client and those witnesses will 

have to come to Sacramento through the height of the winter snow season; and 

WHEREAS, because of these personal and professional reasons, the parties 

would like to continue the trial and pretrial conference dates herein so that the 

matter is set for trial in late June or early July of 2006 with a pretrial conference 

date set accordingly; 

NOW, THEREFORE, IT IS STIPULATED by and between the parties 

hereto, through their respective counsel, that with permission of the Court, the 

present pretrial conference and trial dates be vacated and this matter set for trial on 

a date convenient for the Court in late June or early July of 2006 with a pretrial 

date and time scheduled accordingly and that the Court issue an order in accord 

with this stipulation. 

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Dated: August 11, 2005 LAW OFFICES OF LARRY L. 

BAUMBACK 

 /s/ Larry L . Baumbach 

By: LARRY L. BAUMBACH, ESQ. 

SBN 50086 

Attorney for Plaintiff 

KEVIN D. McCASKILL 

Dated: August 4, 2005 ANGELO, KILDAY & KILDUFF 

By: /s/ Laurence L. Angelo 

 LAURENCE L. ANGELO, Esq. 

SBN 34528 

Attorneys for Defendants, 

COUNTY OF SHASTA 

KEN KOENEN, Shasta County 

Sheriff Deputy; JASON 

GASSOWAY, Shasta County 

Sheriff Deputy and TRACY D. 

WALLACE, Shasta County 

Sheriff’s Deputy 

ORDER

PURSUANT TO STIPULATION OF THE PARTIES, AND GOOD 

CAUSE APPEARING THEREFOR, IT IS ORDERED AS FOLLOWS: 

(1) That the trial and pretrial conference dates presently scheduled herein 

are vacated; 

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(2) That trial is reset for July 10, 2006 at 9:00 a.m. before a jury and for 

an estimated length of approximately ten days (this is counsel’s estimate; the court 

does not necessarily agree); 

(3) That the pretrial conference is reset for June 2, 2006 at 3:00 p.m. with 

the parties to file and serve their Joint Pretrial Conference Statement herein on 

May 26, 2006, all according to Court’s “Status (Pretrial Scheduling) Order” filed 

herein on June 28, 2004. 

Dated: 23 August 2005 

______________________________ 

DAVID F. LEVI 

United States District Judge

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