Lanier v. City of Fresno et al

Filing 26

STIPULATION and ORDER GRANTING CONTINUANCE OF MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT signed by District Judge Lawrence J. O'Neill on November 15, 2010. (Lira, I)

Lanier v. City of Fresno et al

Doc. 26

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DAVID M. HELBRAUN (SBN 129840) HELBRAUN LAW FIRM 351 California Street, Suite 900 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff KHALID LANIER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. 1:10-CV-01120-LJO-SKO ) ) Plaintiff, ) v. ) ) CITY OF FRESNO, a municipal entity, ) POLICE OFFICER ALFONSO ) CASTILLO, in his individual and ) official capacities, POLICE OFFICER ) STEPHEN TAYLOR in his individual ) and official capacities, COUNTY OF ) FRESNO, and DOES 1-100, Jointly and ) Severally, ) ) Defendants. ) ___________________________________ ) KHALID LANIER, STIPULATION AND ORDER GRANTING CONTINUANCE OF MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT DATE: December 14, 2010 TIME: 8:30 a.m. CTRM: Four The Honorable Lawrence J. O'Neill Complaint Filed: 06/21/10 First Amended Complaint Filed: 10/19/10

The parties, by and through their respective counsel, hereby stipulate and agree that the hearing on the Motion to Dismiss Plaintiff's First Amended Complaint filed on behalf of defendants CITY OF FRESNO, COUNTY OF FRESNO, OFFICER ALFONSO CASTILLO and OFFICER STEPHEN TAYLOR (hereinafter "Defendants") shall be held at 8:30 a.m. on December 14, 2010, and the briefing schedule shall be calculated as if that was the initial hearing date of said Motion. Respectfully submitted, DATED: November __, 2010 HELBRAUN LAW FIRM ______________________________________ David M. Helbraun Attorney for Plaintiff KHALID LANIER

STIPULATION AND ORDER

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 3. DATED: November __, 2010 WEAKLEY, ARENDT & MCGUIRE LLP _____________________________________ Rosemary T. McGuire Roy C. Santos Attorneys for Defendants, CITY OF FRESNO, COUNTY OF FRESNO, OFFICER ALFONSO CASTILLO and OFFICER STEPHEN TAYLOR ORDER Based on the parties' stipulation, this Court: 1. 2. VACATES the December 7, 2010 hearing on defendants' motion to dismiss; ORDERS plaintiff, no later than November 30, 2010, to file papers to oppose the motion to dismiss; ORDERS defendants, no later than December 7, 2010, to file reply papers for their motion to dismiss. Pursuant to its practice, this Court will consider the motion to dismiss on the record

15 without a hearing, unless this Court orders otherwise. 16 17 IT IS SO ORDERED. 18 Dated: 66h44d 19 20 21 22 23 24 25 26 27 28 November 15, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

STIPULATION AND ORDER

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