Opinion
Case No.: 1:09-cv-01015-AWI-JLT Doc. 79
11-15-2011
JESSE RAY LUCAS, individually, Plaintiff, v. CITY OF VISALIA; VISALIA POLICE DEPARTMENT; ROBERT CARDEN, individually and in his capacity as Chief of Police of the Visalia Police Department; VISALIA POLICE OFFICER CARMEN ESPARZA, individually and in her capacity as a police officer; VISALIA POLICE OFFICER SEAN O'RAFFERTY, individually and in his capacity as a police officer; TASER INTERNATIONAL, INC.; and DOES 1 to 30, Defendants.
REED SMITH LLP Ashley L. Shively Attorneys for Plaintiff JESSE RAY LUCAS DOOLEY, HERR, PELTZER & RICHARDSON LLP Leonard C. Herr Ron Statler Attorneys for Defendants CITY OF VISALIA, VISALIA POLICE DEPARTMENT, OFFICER CARMEN ESPARZA and OFFICER SEAN O'RAFFERTY
David E. Weiss (SBN 148147)
Cristina M. Shea (SBN 179895)
Ashley L. Shively (SBN 264912)
REED SMITH LLP
Attorneys for Plaintiff
JESSE RAY LUCAS
STIPULATION AND ORDER LIFTING
STAY AND SETTING SCHEDULING
CONFERENCE
The parties to this litigation, by and through their respective attorneys of record hereby submit this Stipulation and Order Lifting Stay and Setting Scheduling Conference.
STIPULATION
WHEREAS, on April 13, 2011 this Court vacated all future dates in this matter and granted a stay of the civil proceedings until criminal proceedings against Plaintiff Jesse Ray Lucas were concluded in state court;
WHEREAS, the criminal proceedings have now concluded and the parties wish to lift the stay and resume the civil case.
WHEREAS, the parties agree a Scheduling Conference should be set on January 4, 2012, or at a date and time thereafter to be determine by the Clerk of the this Court.
THEREFORE, based on the foregoing, it is agreed that:
1. The stay granted on April 13, 2011 is lifted;
2. A Scheduling Conference should be set on January 4, 2012, or at a date and time thereafter to be determine by the Clerk of the this Court.
SO STIPULATED:
REED SMITH LLP
Ashley L. Shively
Attorneys for Plaintiff JESSE RAY LUCAS
DOOLEY, HERR, PELTZER & RICHARDSON LLP
Leonard C. Herr
Ron Statler
Attorneys for Defendants CITY OF VISALIA,
VISALIA POLICE DEPARTMENT, OFFICER
CARMEN ESPARZA and OFFICER SEAN
O'RAFFERTY
ORDER
Based on the foregoing stipulation of the Parties, it is hereby ORDERED:
1. The stay, issued on April 13, 2011 (Doc. 78), is LIFTED ;
2. A Scheduling Conference is set for January 4, 2012 at 10:00 a.m. at 1200 Truxtun Avenue, Suite 120, Bakersfield, CA 93312.
3. No later than December 28, 2011, counsel SHALL file a joint scheduling report that details the discovery completed before the stay was imposed, if any, and addresses the requirements of the Order Setting Mandatory Scheduling Conference, dated June 10, 2009. (Doc. 9)
4. Counsel are authorized to appear by telephone at the scheduling conference. In the event that more than one attorney wishes to appear by telephone, counsel shall jointly agree whether they will appear by CourtCall or via conference call and note this decision on the facepage of their joint statement. If counsel decide to appear by conference call, all attorneys shall be on the line before the call is placed to the Court at (661) 326-6624;
IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE