Filed: Dec. 12, 2016
Latest Update: Dec. 12, 2016
Summary: STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES; [PROPOSED] ORDER WILLIAM B. SHUBB , District Judge . TO THE HONORABLE COURT AND TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: Defendants CITY OF TRACY and R. LEON CHURCHILL, JR. ("Defendants") and Plaintiff Juan Espinoza ("Plaintiff") (collectively the "Parties"), through their respective undersigned attorneys of record, hereby stipulate and agree as follows: A. WHEREAS, Plaintiff filed his Complaint on April 6, 2015;
Summary: STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES; [PROPOSED] ORDER WILLIAM B. SHUBB , District Judge . TO THE HONORABLE COURT AND TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: Defendants CITY OF TRACY and R. LEON CHURCHILL, JR. ("Defendants") and Plaintiff Juan Espinoza ("Plaintiff") (collectively the "Parties"), through their respective undersigned attorneys of record, hereby stipulate and agree as follows: A. WHEREAS, Plaintiff filed his Complaint on April 6, 2015; ..
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STIPULATION CONTINUING JOINT STATUS CONFERENCE AND RELATED DATES; [PROPOSED] ORDER
WILLIAM B. SHUBB, District Judge.
TO THE HONORABLE COURT AND TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants CITY OF TRACY and R. LEON CHURCHILL, JR. ("Defendants") and Plaintiff Juan Espinoza ("Plaintiff") (collectively the "Parties"), through their respective undersigned attorneys of record, hereby stipulate and agree as follows:
A. WHEREAS, Plaintiff filed his Complaint on April 6, 2015;
B. WHEREAS, Defendants were served with the Complaint on August 25, 2016;
C. WHEREAS, Defendants and Plaintiff stipulated to a 14-day extension for Defendants to respond to Plaintiff's Complaint;
D. WHEREAS, Defendants filed a Motion to Dismiss Plaintiff's Complaint on September 29, 2016;
E. WHEREAS, on October 5, 2016, the Court scheduled a Joint Status Conference for January 3, 2017, ordering the parties 1) to meet and attempt to agree upon a FRCP 26(f) discovery plan 21 calendar days in advance, on or before December 13, 2016; and 2) to submit a JOINT status report 14 days in advance, on or before December 20, 2016;
F. WHEREAS, on November 15, 2016, the Court granted Defendants' Motion to Dismiss in its entirety with leave to amend;
G. WHEREAS, Plaintiff filed an Amended Complaint on December 5, 2016.
H. WHEREAS, Defendants intend to file a Motion to Dismiss the Amended Complaint on or before December 22, 2016, with a motion hearing date anticipated to be in February 2017;
NOW THEREFORE, the Plaintiffs and Defendants stipulate, by and through their counsel and pursuant to Court approval, that:
1. That in the interest of justice and to minimize litigation costs and the expenditure of public resources, and because Plaintiff recently filed an Amended Complaint on December 5, 2016, the case is not at issue, and Defendants will be filing a Motion to Dismiss the Amended Complaint on or before December 22, 2016, the parties request that this Court continue the Joint Status Conference from January 3, 2017, in Courtroom 5 of the above-entitled Court, to April 10, 2017, or as soon thereafter as the Court's schedule permits, and that the related dates be continued accordingly.
2. No party will be prejudiced by a continuance of the Joint Status Conference from January 3, 2017 to April 10, 2017.
3. The parties further stipulate 1) that a Joint Status Report must be filed 14 calendar days in advance of the continued joint status conference; and 2) to meet and attempt to agree upon a FRCP 26(f) discovery plan 21 calendar days in advance of the continued joint status conference.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
1. The Joint Status Conference is continued from January 3, 2016, to April 10, 2017 at 1:30 p.m. in Courtroom 5 of the above-entitled Court.
2. At least twenty-one (21) calendar days before the scheduling conference is held, the parties shall confer and attempt to agree upon a discovery plan, as required by Federal Rule of Civil Procedure 26(f).
3. Pursuant to Local Rule 240, the parties shall submit to the court a JOINT Status Report fourteen (14) calendar days prior to the continued date of the joint status conference, as described in this Court's October 5, 2016 order, and no later than March 27, 2017.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
