UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
April 1, 2011
CORRECTIONAL OFFICER MACHADO,
CORRECTIONAL OFFICER GODINEZ, DEFENDANTS.
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.
DATED: March 31, 2011
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.
DATED: March 31, 2011
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.
UNITED STATES DISTRICT JUDGE
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