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McClintic v. United States Postal Service

United States District Court, Ninth Circuit

November 18, 2013

JOSEPH ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A. HUBBELL, and MARLENE A. HUBBELL in her capacity as co-trustee of the JOSEPH ROBERT McCLINTIC LIVING TRUST, Plaintiffs,
v.
UNITED STATES POSTAL SERVICE; BERTHA CERVANTES, individually and in her official capacity; and DOES 1 THROUGH 50, inclusive, Defendants.

BONNIE J. ANDERSON, SBN 192210, ANDERSON LAW OFFICES, PC, Fresno, California, Attorneys for Plaintiffs, JOSEPH ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A. HUBBELL, and MARLENE A. HUBBELL in her capacity as co-trustee of the JOSEPH ROBERT McCLINTIC LIVING TRUST.

LAW OFFICE OF JACOB J. RIVAS, JACOB J. RIVAS, Attorney for Defendant BERTHA CERVANTES.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO DISMISS AND SCHEDULING CONFERENCE

LAWRENCE J. O'NEILL, District Judge.

IT IS HEREBY STIPULATED by and between the parties, Plaintiffs, JOSEPH ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A. HUBBELL, and MARLENE A. HUBBELL in her capacity as co-Trustee of the JOSEPH ROBERT McCLINTIC LIVING TRUST (collectively referred to as "Plaintiffs") and Defendant BERTHA CERVANTES ("Defendant", and collectively referred to herein as "the Parties"), by and through their respective attorneys of record as follows:

1. The purpose for this Stipulation is because Plaintiffs' counsel, Bonnie J. Anderson and Anderson Law Offices, PC, will be withdrawing from representation of Plaintiffs in this action and the Stipulation to Continue the hearing on Defendant's Motion to Dismiss and to continue the January 8, 2014 Scheduling Conference will provide sufficient time for Plaintiffs to retain new counsel and for that counsel to become familiar with this action, prepare an opposition to the pending Motion to Dismiss and prepare a further amended Joint Scheduling Conference Statement with Defendant's counsel.

2. Defendant's Motion to Dismiss, currently set for hearing on December 5, 2013, at 8:30 a.m., in Courtroom 4, is continued to February 6, 2014, at 8:30 a.m., in Courtroom 4. Plaintiffs' opposing papers will be due not less than 14 calendar days prior to the date of the continued hearing of February 6, 2014.

3. The continued Scheduling Conference currently set for January 8, 2014, at 10:00 a.m., in Courtroom 10, is continued to February 26, 2014, at 10:00 a.m., in Courtroom 10. The Parties will also file an Amended Joint Scheduling Conference Statement at least one week prior to the continued scheduling Conference date.

4. The Parties also agree that, should any of the above-referenced proposed dates be inconvenient or unacceptable for any reason, the Court has the discretion to set other dates which are more convenient or acceptable. However, counsel request that, in any event, the current proposed dates in this matter be continued to a time that is at least after February 5, 2014.

ORDER

The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby issues an Order to:

1. Continue the hearing on Defendant BERTHA CERVANTES' Motion to Dismiss from December 5, 2013 at 8:30 a.m., to February 6, 2014, at 8:30 a.m., with Plaintiffs' opposing papers to be filed and served not less than 14 calendar days prior to the continued hearing date; and,

2. Continue the Scheduling Conference from January 8, 2014, at 10:00 a.m., to February 26, 2014, at 10:00 a.m., with the Parties to file an Amended Joint Scheduling Conference Statement at least one week prior to the continued scheduling Conference date.

IT IS SO ORDERED.


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