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Thomas Via v. City of Fairfield

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 21, 2011

THOMAS VIA,
PLAINTIFF,
v.
CITY OF FAIRFIELD, ET AL. DEFENDANTS.

Kimberly E. Colwell (SBN: 127604) kcolwell@meyersnave.com Kimberly M. Drake (SBN: 209090) kdrake@meyersnave.com MEYERS, NAVE, RIBACK, SILVER & WILSON 555 12th Street, Suite 1500 Oakland, CA 94607 Telephone: (510) 808-2000 Facsimile: (510) 444-1108 Attorneys for Defendant CITY OF FAIRFIELD, FAIRFIELD POLICE OFFICERS CADE BECKWITH, STEVE TROJANOWSKI, SR., STEVE TROJANOWSKI, JR., and JIMMIE WILLIAMS

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING SCHEDULING CONFERENCE

Action Filed: November 29, 2010

Joint Stipulation and [Proposed] Order Continuing Scheduling Conference Plaintiff THOMAS VIA ("Plaintiff") and Defendants CITY OF FAIRFIELD and FAIRFIELD POLICE OFFICERS CADE BECKWITH, STEVE TROJANOWSKI, SR., STEVE TROJANOWSKI, JR. and JIMMIE WILLIAMS ("City Defendants"), by and through their attorneys of record, respectfully submit the present Joint Stipulation to continue the Scheduling Conference on May 2, 2011 to May 23, 2011, which is the date for hearing on Defendants' Motion to Dismiss, or the next available date as convenient to the Court and the parties.

WHEREAS, the parties have met and conferred and worked together to streamline the pleadings and move the case along;

WHEREAS, certain claims have been dismissed from the Plaintiff's Complaint for Damages for Violation of Civil Rights by joint stipulation;

WHEREAS, Defendants filed a Motion to Dismiss the remaining claims on various grounds;

WHEREAS, the hearing on the Defendants' Motion to Dismiss is currently scheduled for May 23, 2011;

WHEREAS, the parties seek to continue the Scheduling Conference currently set for May 2, 2011 to May 23, 2011, or a later date as convenient to the Court and the parties, so that any pleading issues are resolved and the parties know what claims are remaining in the case going forward;

WHEREFORE, the Plaintiff and City Defendants hereby STIPULATE AND AGREE as follows:

The Scheduling Conference currently set for May 2, 2011 may be continued to May 23, 2011 or the next available date as convenient to the Court and the parties.

IT IS SO STIPULATED.

Respectfully submitted,

ORDER

Pursuant to Joint Stipulation of the parties, IT IS HEREBY ORDERED THAT

1.The May 2, 2011 Scheduling Conference is hereby VACATED;

2.The Scheduling Conference is reset for June 27, 2011 at 2:00 p.m. A Joint Status Report shall be filed no later than June 13, 2011.

IT IS SO ORDERED.

20110421

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