Lewis v. City Of Fresno, et al.

Filing 32

STIPULATION and ORDER to continue 7 23 MOTION to DISMISS Complaint; currently set for 4/27/2009 is moved to 7/13/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 4/22/2009. (Kusamura, W)

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1 2 3 4 5 6 7 8 BETTS & WRIGHT, A Professional Corporation Attorneys at Law P.O. Box 28550 Fresno, California 93729-8550 Telephone: (559) 438-8500 Facsimile: (559) 438-6959 James B. Betts (State Bar #110222) Joseph D. Rubin (State Bar #149920) Attorneys for Defendants CITY OF FRESNO, JERRY DYER, ROBERT NEVARES, JOHN ROMO, GREG GARNER and ANTHONY MARTINEZ UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective counsel of record, as follows: 1. matter. 2. Defense counsel is set to begin a three to five week trial on April 27, 2009 On April 10, 2009, this firm substituted in as counsel in the captioned JAMES LEWIS, ) Case No. 1:08-CV-01062-OWW-GAS ) Plaintiff, ) ) v. ) ) STIPULATION TO CONTINUE CITY OF FRESNO; JERRY DYER; ) HEARING DATE; AND ORDER ROBERT NEVAREZ; JOHN ROMO; ) THEREON GREG GARNER; ANTHONY MARTINEZ, ) and DOES 1 through 10, inclusive, ) ) Defendants. ) ) in Fresno County Superior Court, Case No. 02 CE CG 02240. 3. Defendants' Motion to Dismiss Complaint; For More Definite Statement; and to Strike portions of the Complaint is scheduled to be heard on April 27, 2009. 4. Plaintiff's counsel does not oppose a continuance of the hearing, but Stipulation to Continue Motion Hearing Date; Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 would like the scheduling conference to proceed on the date currently scheduled. 5. It is respectfully requested that Defendants' Motion to Dismiss scheduled in the captioned matter before this Court on April 27, 2009 be continued to a date in June which is convenient to the Court's calendar. Respectfully requested, Dated: April 22, 2009 BETTS & WRIGHT By /s/ Joseph D. Rubin Joseph D. Rubin Attorneys for Defendants CITY OF FRESNO, JERRY DYER, ROBERT NEVARES, JOHN ROMO, GREG GARNER and ANTHONY MARTINEZ Dated: April 22, 2009 EMERSON, COREY, SORENSON, CHURCH & YOHMAN By /s/ Rayma Church Rayma Church Attorneys for Plaintiff JAMES LEWIS ORDER IT IS SO ORDERED. The hearing shall be continued to July 13, 2009 at 10:00 21 AM in department 3 before Judge Wanger. 22 23 24 25 26 27 28 -2Stipulation to Continue Motion Hearing Date; Order IT IS SO ORDERED. Dated: April 22, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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