Stamas, et al vs. County of Madera, et al.

Filing 52

STIPULATION TO CONTINUE 12(b)(6) HEARING; ORDER signed by District Judge Lawrence J. O'Neill on November 3, 2009. MOTION HEARING currently set for 11/23/09 has been CONTINUED to 12/21/2009 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill.(Lira, I)

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ROBERT M. DOWD, #070685 RAYMOND L. CARLSON, #138043 STEVEN S. DIAS, #251138 GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P. 111 E. Seventh Street Hanford, CA 93230 Telephone: [phone] Facsimile: [phone] Attorneys for: Plaintiffs UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF CALIFORNIA 8 MARK STAMAS and JUDY CASTLES, 9 Plaintiffs, 10 v. 11 12 13 14 15 Defendants. 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 26
G R I S W O L D , LaSALLE, C O BB, D O W D & G I N , LLP
111 E. SEVENTH STREET HANFORD, CA 93230

COUNTY OF MADERA; BOARD OF SUPERVISORS OF THE COUNTY OF MADERA; DAVID HERMAN, an individual; SHAWN HUSTON, an individual; DAVID PRENTICE, an individual; GERALD HOUSTON and LINDA BARLOW, husband and wife; and DOES 1-100, inclusive,

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CASE NO. 1:09-cv-00753-LJO-SMS STIPULATION TO CONTINUE 12(b)(6) HEARING; ORDER

1.
Stipulation to Continue 12(b)(6) Hearing Mark Stamas, et al. v. County of Madera, et al. Eastern District Case No. 1:09-cv-00753-LJO-SMS

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Plaintiffs, MARK STAMAS and JUDY CASTLES ("PLAINTIFFS") and Defendants GERALD HOUSTON and LINDA BARLOW "(DEFENDANTS"), by and through their respective attorneys of record, stipulate to extend the due date of the PLAINTIFFS' Opposition to Defendants' 12(b)(6) motion and continue the 12(b)(6) hearing until December 21, 2009. This Stipulation is made on the ground that good cause for the extension exists based upon the following facts and circumstances: 1. A similar 12(b)(6) motion was filed by County of Madera; Board of Supervisors of the County of Madera; David Herman, Shawn Huston and David Prentice with the hearing set for December 21, 2009. Due date of Plaintiffs' opposition is December 4, 2009. The hearing on December 21, 2009, involves the same issues of law as the this motion to dismiss to be heard on November 23, 2009. In the interest of judicial economy the parties agree to extend the due date of Plaintiffs' opposition until December 4, 2009 and continue the 12(b)(6) hearing to December 21, 2009; 2. 3. Complexity of the issues; Conflicts on Plaintiffs' attorney's calendar.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between counsel for PLAINTIFFS and DEFENDANTS, as follows: 1. Plaintiffs' Opposition to Motion to Dismiss First Cause of Action of Amended Complaint is continued until December 4, 2009; and 2. The 12(b)(6) hearing will be continued until December 21, 2009. GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.

Dated: October 29, 2009

By: 24 25 26
G R I S W O L D , LaSALLE, C O BB, D O W D & G I N , LLP
111 E. SEVENTH STREET HANFORD, CA 93230

/s/ Robert M. Dowd ROBERT M. DOWD Attorneys for Plaintiffs

2.
Stipulation to Continue 12(b)(6) Hearing Mark Stamas, et al. v. County of Madera, et al. Eastern District Case No. 1:09-cv-00753-LJO-SMS

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Dated: October 30, 2009

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By: 4 5 6

/s/ Gordon M. Park GORDON M. PARK Attorneys for Defendants, GERALD HOUSTON and LINDA BARLOW

ORDER 7 On the stipulation and agreement of the parties through their attorneys of record and good cause 8 appearing therefore, the 12(b)(6) hearing is continued until December 21, 2009 at 8:30am and 9 Plaintiffs' Opposition to Motion to Dismiss First Cause of Action of Amended Complaint shall be filed 10 on or before December 4, 2009. 11 12 13 14 15 16 17 18 IT IS SO ORDERED. 19 20 21 22 23 24 25 26
G R I S W O L D , LaSALLE, C O BB, D O W D & G I N , LLP
111 E. SEVENTH STREET HANFORD, CA 93230

Dated: b9ed48

November 3, 2009

/s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

3.
Stipulation to Continue 12(b)(6) Hearing Mark Stamas, et al. v. County of Madera, et al. Eastern District Case No. 1:09-cv-00753-LJO-SMS