Opinion
CASE NO.: 1:11-CV-01632-LJO-SKO
01-11-2012
MARTHA ARMSTRONG, KERED ARMSTRONG, a Minor, by and through his Guardian ad Litem, MARTHA ARMSTRONG, Plaintiffs, v. MERCED COUNTY, et al., Defendants.
LAW OFFICES OF ROBERT D. PONCE ROBERT D. PONCE Attorney for Plaintiffs TRIMBLE, SHERINIAN & VARANINI JEROME M. VARANINI Attorneys for Defendants
ROBERT D. PONCE (State Bar No.: 108069)
LAW OFFICES OF ROBERT D. PONCE
Attorney for Plaintiffs,
MARTHA ARMSTRONG and KERED ARMSTRONG,
a Minor, by and through his Guardian ad Litem,
MARTHA ARMSTRONG
STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE
Counsel for the parties, Robert Ponce, Law Offices of Robert D. Ponce on behalf of plaintiffs ARMSTRONG and Jerome Varanini, Trimble, Sherinian & Varanini, counsel for defendants MERCED COUNTY, et al., hereby agree and stipulate to continue the Mandatory Scheduling Conference, currently set for hearing before the U.S. Magistrate Judge Sheila K. Oberto on January 31, 2012 at 9:45 AM. The grounds for said stipulation and request for an Order continuing the conference are based on the following:
1. Service has not been completed upon the remaining defendant ROXIE LONCTOT, R.N. All other defendants have been served and have answered the complaint.
2. Plaintiffs' counsel has been informed that defendants names designated as NURSE ROXIE and R. LONCTOT, R.N. are one and the same person. Thus, service needs to be completed upon the defendant whose name is believed to be ROXIE LONCTOT, R.N.
3. Plaintiffs' counsel needs additional time to locate and serve said defendant. Plaintiffs' counsel is now resorting to investigative tools to locate said defendant.
4. The parties agree to rescheduling the Mandatory Scheduling Conference to April 5, 2012 at 10:00 A.M. to allow plaintiffs' counsel to locate and serve defendant R. LONCTOT, R.N.
IT IS SO STIPULATED.
LAW OFFICES OF ROBERT D. PONCE
By: _________
ROBERT D. PONCE
Attorney for Plaintiffs
TRIMBLE, SHERINIAN & VARANINI
By: _________
JEROME M. VARANINI
Attorneys for Defendants
ORDER
Pursuant to the parties' Stipulation, IT IS HEREBY ORDERED THAT the Scheduling Conference currently set for January 31, 2012, be continued to April 5, 2010, at 10:00 a.m. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE