Filed: Aug. 08, 2019
Latest Update: Aug. 08, 2019
Summary: STIPULATION AND ORDER TO STAY CIVIL ACTION PENDING PLAINTIFF COUNSEL'S MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Rule 143) (Fed. R. Civ. P. 83) JOHN A. MENDEZ , District Judge . The parties, by and through their respective counsel of record, hereby stipulate that this action be stayed pending an upcoming hearing on a motion to withdraw as counsel of record being brought by plaintiff's counsel. Plaintiff counsel's hearing is scheduled for 9/24/19, Courtroom #6, 1:30 p.m., Honorable John A. M
Summary: STIPULATION AND ORDER TO STAY CIVIL ACTION PENDING PLAINTIFF COUNSEL'S MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Rule 143) (Fed. R. Civ. P. 83) JOHN A. MENDEZ , District Judge . The parties, by and through their respective counsel of record, hereby stipulate that this action be stayed pending an upcoming hearing on a motion to withdraw as counsel of record being brought by plaintiff's counsel. Plaintiff counsel's hearing is scheduled for 9/24/19, Courtroom #6, 1:30 p.m., Honorable John A. Me..
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STIPULATION AND ORDER TO STAY CIVIL ACTION PENDING PLAINTIFF COUNSEL'S MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Rule 143) (Fed. R. Civ. P. 83)
JOHN A. MENDEZ, District Judge.
The parties, by and through their respective counsel of record, hereby stipulate that this action be stayed pending an upcoming hearing on a motion to withdraw as counsel of record being brought by plaintiff's counsel. Plaintiff counsel's hearing is scheduled for 9/24/19, Courtroom #6, 1:30 p.m., Honorable John A. Mendez. Plaintiff counsel requests the court order the case stayed on the basis of the following circumstances:
1. Upon a period of time of not being able to contact plaintiff, DANIEL HERNANDEZ, plaintiff's counsel herein (Davey L. Turner and Robert T. Waters) made a personal visit to his residence. At that time (for several reasons) it became apparent that it would be necessary for plaintiff's counsel to bring a motion to withdraw as counsel.
2. Plaintiff's counsel in good faith has good reason to believe that their motion to withdraw as attorney of record will be granted and a good faith belief that Plaintiff's counsel lacks authority to act on plaintiff's behalf. Absent this stay, it would be difficult, if not impossible, for plaintiff's counsel to timely disclose expert witnesses for plaintiff and therefore plaintiff could be potentially be prejudiced. As all parties have stipulated herein, the issuance of the stay will not substantially injure any other party in this proceeding. Lastly, and for all of these factors, public interest will be served in granting the stay.
3. The next approaching date in this matter is the expert witness disclosures under Fed R. Civ. P. 26(a)(2) due by 9/6/19. Jury trial is set for 6/1/20.
3. Plaintiff's counsel will be filing a motion to withdraw shortly, however, pending the hearing of that motion, plaintiff herein requests a stay of the action.
DATED: August 3, 2019 /s/
DAVEY L. TURNER
Attorney for Plaintiff DANIEL HERNANDEZ
DATED: August 3, 2019 /s/
CAROLYN FRANK
Attorney for Defendants CITY OF STOCKTON;
STOCKTON POLICE DEPARTMENT,
LUIS NAVARRO, MATTHEW WRIGHT and
SERGEANT RICHARD BUCKLEY
/s/
BRUCE A. KILDAY
Attorney for Plaintiff MATTHEW HUFF
ORDER
Based upon the stipulation of the parties, and good cause appearing therefor, all proceedings in this matter are hereby stayed (including the soon approaching disclosure of expert witnesses due on 9/6/19) pending the hearing and resolution of plaintiff counsel's motion to withdraw from this matter presently set for 9/24/19, 1:30 p.m., Courtroom #6.
Additionally, the length and the factors of the stay on the proceedings will be fully discussed at the time of the hearing of plaintiff's motion to withdraw on 9/24/19.
