Mendez Garcia v. City of Madera et al

Filing 33

Stipulation and Order To Continue Hearing On Department of Homeland Security's Motion To Dismiss. The Motion Hearing is now set for January 9, 2015 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 12/1/2014. (Yu, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 BENJAMIN E. HALL
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant DHS
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:13-cv-01793-MJS

12 VICTORIANO MENDEZ GARCIA,

STIPULATION AND ORDER TO
CONTINUE HEARING ON
DEPARTMENT OF HOMELAND
SECURITY’S MOTION TO DISMISS

Plaintiff,

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v.

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15 CITY OF MADERA, CITY OF MADERA
POLICE DEPARTMENT, MADERA POLICE
16 OFFICER JOSH CHAVEZ (BADGE NO.
3509), DHS, US AGENCY,
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Defendants.
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Date: December 12, 2014
Time: 9:30 a.m.
Ctrm: 6

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The parties to this action hereby stipulate and request that the Court continue to January 9,

21 2015, the hearing on Defendant Department of Homeland Security’s Motion to Dismiss (“Motion,”
22 ECF No. 27) for the following reasons. Plaintiff has made a proposal to resolve some or all of the
23 legal issues raised in the Motion through a stipulation for the filing of a Second Amended
24 Complaint. Counsel request a continuance of the hearing in order to allow time for evaluation and
25 discussion of Plaintiff’s proposal and for the potential resolution of disputed legal issues in this case
26 without further involvement of the Court.
27 / / /
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STIPULATION AND ORDER TO CONTINUE
HEARING ON DEPARTMENT OF HOMELAND
SECURITY’S MOTION TO DISMISS

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Respectfully submitted,

2 Dated: November 26, 2014

BENJAMIN B. WAGNER
United States Attorney

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/ /s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendant DHS

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6 Dated: November 26, 2014

SALAZAR & COOK, L.L.P.

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/ /s/ Lazaro Salazar
LAZARO SALAZAR
Attorneys for Plaintiff

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10 Dated: November 26, 2014

LAW OFFICES OF GREGORY L.
MYERS

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[Authorized November 26, 2014]
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/ /s/ Gregory Lee Myers
GREGORY LEE MYERS
Attorney for Defendants City of Madera
and Josh Chavez

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ORDER

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Good cause appearing, IT IS HEREBY ORDERED that the hearing on Defendant
Department of Homeland Security’s Motion to Dismiss (ECF No. 27) is continued to January 9,
2015, at 9:30 a.m. in Courtroom 6.
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IT IS SO ORDERED.
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Dated:

December 1, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO CONTINUE
HEARING ON DEPARTMENT OF HOMELAND
SECURITY’S MOTION TO DISMISS

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