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)

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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: (559) 497-4000 Facsimile: (559) 497-4099 5 Attorneys for Defendant DHS 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 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, 13 v. 14 15 CITY OF MADERA, CITY OF MADERA POLICE DEPARTMENT, MADERA POLICE 16 OFFICER JOSH CHAVEZ (BADGE NO. 3509), DHS, US AGENCY, 17 Defendants. 18 Date: December 12, 2014 Time: 9:30 a.m. Ctrm: 6 19 20 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 / / / 28 / / / STIPULATION AND ORDER TO CONTINUE HEARING ON DEPARTMENT OF HOMELAND SECURITY’S MOTION TO DISMISS 1 1 Respectfully submitted, 2 Dated: November 26, 2014 BENJAMIN B. WAGNER United States Attorney 3 / /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorney for Defendant DHS 4 5 6 Dated: November 26, 2014 SALAZAR & COOK, L.L.P. 7 8 / /s/ Lazaro Salazar LAZARO SALAZAR Attorneys for Plaintiff 9 10 Dated: November 26, 2014 LAW OFFICES OF GREGORY L. MYERS 11 [Authorized November 26, 2014] 12 / /s/ Gregory Lee Myers GREGORY LEE MYERS Attorney for Defendants City of Madera and Josh Chavez 13 14 15 ORDER 16 17 18 19 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. 20 IT IS SO ORDERED. 21 22 Dated: December 1, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 STIPULATION AND ORDER TO CONTINUE HEARING ON DEPARTMENT OF HOMELAND SECURITY’S MOTION TO DISMISS 2

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