Opinion
Case No. 1:09-cv-01344 LJO SKO
07-18-2012
ADDISON J. DEMOURA, JESSICA DEMOURA, and JOHN DOE, A Minor through his Guardian ad Litem, ADDISON J. DEMOURA, Plaintiffs, v. ANDREW J. FORD, WILLIAM POOLEY, GARY J. GUFFEY, JASON TOSTA, COUNTY OF STANISLAUS, COUNTY OF TUOLUMNE, CITY OF OAKDALE, AND DOES 1 through 40, Defendants.
Bradley A. Post, Esq. State Bar No. 127028 Stephanie Y. Wu, Esq. State Bar No. 268948 BORTON PETRINI, LLP Attorneys for Defendant, CITY OF OAKDALE
Bradley A. Post, Esq. State Bar No. 127028
Stephanie Y. Wu, Esq. State Bar No. 268948
BORTON PETRINI, LLP
Attorneys for Defendant,
CITY OF OAKDALE
STIPULATION AND ORDER RE
AMENDED MOTION FILING
STIPULATION
WHEREAS, Plaintiffs ADDISON DEMOURA, JESSICA DEMOURA, and JOHN DOE ("Plaintiffs"), and Defendant CITY OF OAKDALE ("Defendant"), by and through their counsel of record, met and conferred between July 17, 2012 the refiling of Defendant's Motion for Summary Judgment, or in the alternative, Summary Adjudication ("Motion").
WHEREAS, Defendant lost data and was unable to re-format, re-enter its citations to evidence, and scan all of its documents and referenced evidence by midnight on July 16, 2012;
WHEREAS, Defendant timely filed its Notice of Motion, Memorandum of Points and Authorities, and Separate Statement of Undisputed Material Facts on July 16, 2012;
WHEREAS, Defendant electronically mailed all moving papers, including the properly formatted and referenced documents, along with all supporting evidence, to Plaintiff upon completion and without delay, just shortly after midnight on July 16, 2012;
WHEREAS, Defendant's revisions to the documents were not substantive in nature;
WHEREAS, Plaintiffs agree that allowing Defendant to refile and file its Motion and supporting documents will not result in prejudice to Plaintiffs;
IT IS HEREBY stipulated, by and between the Parties, that:
Defendant be granted leave to file its Amended Notice of Motion, Memorandum of Points and Authorities, and Separate Statement of Undisputed Material Facts and file its evidence in support thereof.
IT IS SO STIPULATED.
LAW OFFICE OF REBECCA P. MENDRIBIL
By: ____________________________
Rebecca P. Mendribil, Esq.
Attorneys for Plaintiffs,
ADDISON J. DEMOURA, JESSICA DEMOURA, and
JOHN DOE, a minor
BORTON PETRINI, LLP.
By: ____________________________
Bradley A. Post, Esq.
Stephanie Y. Wu, Esq.
Attorneys for Defendant,
CITY OF OAKDALE
ORDER
Pursuant to the stipulation of the parties in this action,
IT IS HEREBY ORDERED that:
Defendant is granted leave to file its Amended Notice of Motion, Memorandum of Points and Authorities, and Separate Statement of Undisputed Material Facts and file its evidence in support thereof.
IT IS SO ORDERED.
Lawrence J. O'Neill
United States District Judge