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Stipulation and Order re Dispositive Motion Hearing

OFFICE OF THE COUNTY COUNSEL

County of San Joaquin

DANIEL C. CEDERBORG, CSB #124260

Deputy County Counsel

JASON R. MORRISH, CSB#192686

Deputy County Counsel

Courthouse - Room 711

222 East Weber Avenue

Stockton, California 95202

Telephone: (209) 468-2980

Attorneys for Defendants, 

 COUNTY OF SAN JOAQUIN, SHERIFF BAXTER

 DUNN and SHERIFF’s DEPARTMENT

 OF SAN JOAQUIN COUNTY

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ROBERT T. BROWN, individually and on

behalf of Class of Persons similarly situated,

 

Plaintiff, 

vs.

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN, SHERIFF’S DEPARTMENT

OF SAN JOAQUIN COUNTY and DOES I

through X inclusive,

 

 Defendants.

CASE NO. CIV.S-04-2008 FCD PAN

 

STIPULATED ORDER SETTING

HEARING ON DISPOSITIVE

MOTION

 “AS MODIFIED”

 

Plaintiff ROGER T. BROWN and Defendants COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN, DEPUTY RICHARD DUNSING, DEPUTY SEMILLO, DEPUTY

MENDEZ, and LT. MENDOZA, by and through their respective counsel, respectfully submit

this STIPULATED ORDER SETTING HEARING ON DISPOSITIVE MOTION for

consideration by the Court. The Parties believe that good cause exists for the requested

extension for the dispositive motion hearing deadline, presently set for March 24, 2006, as set

forth below due primarily to Plaintiff Counsel Bruce W. Nickerson’s absence from the country

Case 2:04-cv-02008-FCD-EFB Document 23 Filed 02/09/06 Page 1 of 4
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Stipulation and Order re Dispositive Motion Hearing

during the end of March for a previously scheduled trip to Turkey.

STIPULATION

The Parties hereby stipulate as follows:

1. On November 17, 2005, the Court entered its Stipulated Order Extending Pretrial

Scheduling Deadlines - “As Modified” that established the following deadlines in this litigation:

January 31, 2006 Completion of Discovery

March 24, 2006 Deadline for Hearings on Dispositive Motions

June 2, 2006 Pre-trial Conference

August 22, 2006 Trial

2. In the stipulation, the parties inadvertently set the deadline for dispositive motions

on March 24, 2006 at a time when Counsel for Plaintiff Bruce W. Nickerson was scheduled to be

out of the country in Turkey. This previously scheduled trip had already required a stipulation of

the parties, approved by the Court to move the original date set for the pre-trial conference in this

action.

3. The parties have completed discovery. The Defendants made witnesses available

for deposition on February 3, 2006 pursuant to a stipulation with Plaintiff’s Counsel.

4. The parties now agree to, and request the Court’s permission for the setting of the

hearing on a motion for summary judgment and/or adjudication by the Defendants on April 17,

2006, after Plaintiff’s Counsel returns from Turkey. The parties will be meeting and conferring

prior to the filing of Defendants motion for summary judgment and/or summary adjudication to

eliminate by stipulation all causes of action or parties that are no longer at issue.

5. Plaintiff’s Counsel is unavailable on June 16, 2006 and if the Court deems it

necessary to reset the date or dates for the Pre-trial Conference and for the commencement of

trial, the parties request the neither date be reset to June 16, 2006.

WHEREFORE, the parties stipulate to and request from the Court an order as follows:

1. That the deadline for the hearing on the Defendants’ motion for summary

judgment and/or adjudication be extended to April 17, 2006 and hearing of said motion be set for

that date;

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Stipulation and Order re Dispositive Motion Hearing

2. That the notice of motion and all papers related to the motion be filed and served

in compliance with the Federal Rules of Civil Procedure and the Local Rules of the United States

District Court for the Eastern District of California; and

3. That the Court, if necessary, re-set the Pre-Trial Conference and the Trial date as

the Court deems appropriate to any date or dates other than June 16, 2006.

Respectfully submitted,

OFFICE OF THE COUNTY COUNSEL

Dated: February 8, 2006 By: /s/ Daniel C. Cederborg 

DANIEL C. CEDERBORG

 Deputy County Counsel

Attorneys for Defendants,

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN and SHERIFF’S

DEPARTMENT OF SAN JOAQUIN

COUNTY

Dated: February 8, 2006

By: /s/ Bruce W. Nickerson 

BRUCE W. NICKERSON 

 Attorney at Law

Attorney for Plaintiff,

ROBERT T. BROWN

ORDER OF THE COURT

The Parties to this action having stipulated to a hearing date for the Defendants’ motion

for summary judgment and/or summary adjudication, and good cause appearing,

IT IS HEREBY ORDERED THAT:

1. The deadline for the hearing on the Defendants’ motion for summary judgment

and/or adjudication be extended to April 21, 2006 and hearing of said motion be set for that date;

and,

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Stipulation and Order re Dispositive Motion Hearing

2. The notice of motion and all papers related to the motion be filed and served in

compliance with the Federal Rules of Civil Procedure and the Local Rule 78-230 and the new

hearing date;

3. All other dates as set in the Pre-Trial Scheduling Order shall remain as set. 

Date: February 9, 2006 /s/ Frank C. Damrell Jr. 

Hon. Frank C. Damrell, Jr.

United States District Judge

Case 2:04-cv-02008-FCD-EFB Document 23 Filed 02/09/06 Page 4 of 4