Lanier v. City of Fresno et al

Filing 9

STIPULATION and ORDER CONTINUING HEARING ON MOTION TO DISMISS PLAINTIFF'S COMPLAINT signed by District Judge Lawrence J. O'Neill on September 1, 2010. Motion Hearing currently set for September 16, 2010 before Judge O'Neill is VACATED. Scheduling Conference currently set for 9/23/2010 has been CONTINUED to 12/2/2010 at 09:45 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Lira, I)

Lanier v. City of Fresno et al

Doc. 9

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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

7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 ) ) 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, Case No. 1:10-CV-01120-LJO-SKO STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS PLAINTIFF'S COMPLAINT

The parties, by and through their respective counsel, hereby stipulate and agree that the

20 hearing on the Motion to Dismiss Plaintiff's Complaint filed on behalf of defendants CITY OF 21 FRESNO, a Public Entity, OFFICER ALFONSO CASTILLO and OFFICER STEPHEN 22 TAYLOR (hereinafter "Defendants") shall be held at 8:30 a.m. on October 14, 2010, and the 23 briefing schedule shall be calculated as if that was the initial hearing date of said Motion. 24 25 26 27 28 ______________________________________ David M. Helbraun Attorney for Plaintiff KHALID LANIER DATED: August 30, 2010 HELBRAUN LAW FIRM

1 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTION TO DISMISS

Dockets.Justia.com

1 2 3 4 5 6 7 8 DATED: August 31, 2010 WEAKLEY, ARENDT & MCGUIRE LLP _____________________________________ Rosemary T. McGuire Roy C. Santos Attorneys for Defendants, CITY OF FRESNO, OFFICER ALFONSO CASTILLO and OFFICER STEPHEN TAYLOR ORDER This Court's practice is to consider motions on the record without a hearing. See Local

9 Rule 230(g). As such, and based on the parties' stipulation, this Court: 10 11 12 13 14 15 16 4. 3. 1. 2. VACATES the September 16, 2010 hearing on defendants' motion to dismiss; ORDERS plaintiff, no later than September 30, 2010, to file and serve papers to respond to defendants' motion to dismiss; ORDERS defendants, no later than October 7, 2010, to file and serve reply papers; and RESETS the scheduling conference to December 2, 2010 at 9:45 a.m. in Department 8 before U.S. Magistrate Judge Sheila Oberto.

17 This Court will rule on defendants' motion to dismiss without a hearing, unless this Court orders 18 otherwise or plaintiff files an amended complaint as a matter of right. 19 20 Dated: 66h44d 21 22 23 24 25 26 27 28 IT IS SO ORDERED. September 1, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

2 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTION TO DISMISS