Opinion
CLAUDIA M. QUINTANA, City Attorney, FURAH Z. FARUQUI, Deputy City Attorney, CITY OF VALLEJO, Vallejo, CA, MARK A. JONES, SCOTT H. CAVANAUGH, JONES & DYER A Professional Corporation, Sacramento, CA, Attorneys for Defendants, City of Vallejo, M. Thompson, D. Joseph, M. Nicol, J. Jaksch, B. Clark; Robert Nichelini.
JOHN L. BURRIS, DEWITT LACY, Law Offices of John L. Burris Attorneys for Plaintiff, Toby Wilson.
STIPULATION AND ORDER TO CONTINUE TRIAL AND PRETRIAL CONFERENCE
JOHN A. MENDEZ, District Judge.
The parties, by and through their respective counsel of record, hereby stipulate that the trial and pre-trial conference in this matter be continued based on the following circumstances:
1) On May 4, 2012, the court filed the Status (Pre-trial Scheduling) Order in this matter setting the case for trial commencing December 2, 2013 at 9:00 a.m. Pursuant to the order, the court also set the pre-trial conference for October 4, 2013 at 10:00 a.m.
2) On September 19, 2013, the court issued a minute order advancing the pre-trial conference, due to calendar congestion, from October 4, 2013 to October 3, 2013 at 10:00 a.m.
3) On September 26, 2013, the court issued a further minute order resetting the October 3, 2013 pre-trial conference to Friday, October 11, 2013 at 11:00 a.m. Counsel for the parties were available to attend the pre-trial conference on October 3, 2013, but lead trial counsel for defendants, Mark A. Jones, is unavailable to attend the October 11, 2013 pre-trial conference as set by the court. Mark A. Jones has a prescheduled, prepaid trip to southern California that will render him unavailable to attend the pre-trial conference as set. The court's pre-trial scheduling order requires trial counsel to attend the pre-trial conference, and defendants as well as Mr. Jones believe it is essential as lead trial counsel that Mr. Jones attend the pre-trial conference.
4) Defendants' counsel has been informed by Harry Vine that the next available pre-trial conference date is November 1, 2013, and that moving the pre-trial conference will necessitate a continuance of the trial date into early next year.
5) In light of the foregoing circumstances, the parties, by and through their respective counsel, stipulate that the pre-trial conference presently set for October 11, 2013 at 11:00 a.m. be continued to November 1, 2013 at 10:00 a.m. The parties further stipulate and request that the court continue trial in this matter set for December 2, 2013 to February 24, 2014, commencing at 9:00 a.m. age 3>
ORDER
Based upon the Stipulation of the parties, and good cause appearing therefore, the pre-trial conference presently set for October 11, 2013 at 11:00 a.m. is continued and reset for November 1, 2013 at 10:00 a.m. Further, trial presently scheduled for December 2, 2013 is continued and reset for February 24, 2014 at 9:00 a.m. A Joint Pre-trial Conference Statement shall be filed no later than seven (7) days prior to the pre-trial conference, and counsel are reminded that the entire pre-trial statement, including any exhibit and witness lists, shall also be emailed in Word format to the court's judicial assistant Jane Klingelhoets at jklingelhoets@caed.uscourts.gov.
IT IS SO ORDERED.