STIPULATION AND [PROPOSED] ORDER RE: EXTENDING TIME FOR SERVICE OF DEFENDANT AND EXTENDING DATE OF SETTLEMENT CORRECTIONAL OFFICER CONFERENCE ; DIRECTIONS TO PARTIES
WHEREAS, by the December 17, 2010 Pretrial Preparation Order (Docket 55), the Court set a deadline for plaintiff Michael Dearing ("Dearing" or "plaintiff") to serve defendant Correctional Officer Machado ("Machado") by April 1, 2011; and WHEREAS, pursuant to Court order, on February 14, 2011, defendant Correctional Officer Godinez ("Godinez") provided Machado's last-known address to counsel for plaintiff; and WHEREAS, on February 17, 2011, plaintiff's counsel provided Machado's last-7 known address to a private investigator to locate and serve Machado with the Summons and Complaint; and WHEREAS, on March 22, 2011, the Court granted in part plaintiff's request for prior authorization to incur expenses for plaintiff's private investigator to locate and serve Machado; and WHEREAS, on March 23, 2011, plaintiff's private investigator visited and interviewed individuals at three addresses generated from Machado's last known address; and WHEREAS, the current residents at those three addresses did not know of Machado's current whereabouts; and WHEREAS, plaintiff's private investigator requires additional time beyond April 1, 2011 to locate and serve Machado with the Summons and Complaint; and WHEREAS, an extension of the deadline for plaintiff to serve Machado to April 15, 2011 would not require a modification of the schedule for the case; and WHEREAS, the parties agree that the Settlement Conference currently set for April 6, 2011 would be more effective after a resolution of the Machado service issue;
NOW, THEREFORE, plaintiff and defendant, through their respective
record, hereby stipulate and jointly request that the Court enter
an Order as follows:
1. That the deadline for plaintiff to serve Machado be extended to April 15, 2011; and 2. That the April 6, 2011 Settlement Conference date be vacated and set on a date in May 2011, or as soon after April 15, 2011 as is convenient to the Settlement Conference judge.
BARTKO, ZANKEL, TARRANT & MILLER A Professional Corporation,
Brian P. Villarreal
Attorneys for Plaintiff
MICHAEL DEARING ATTORNEY GENERAL OF CALIFORNIA
The concurrence in the filing of this document has been obtained from Christopher M. Young.
Christopher M. YoungAttorneys for Defendant
CORRECTIONAL OFFICER M. GODINEZ
Pursuant to Stipulation, IT IS SO ORDERED , and the parties are DIRECTED to contact Magistrate Judge Joseph C. Spero's chambers to determine an available date to which the Settlement Conference may be continued.