Rossy et al v. City of Bishop et al

Filing 12

JOINT STIPULATION TO CONTINUE MOTION TO DISMISS 9 signed by Chief Judge Lawrence J. O'Neill on January 10, 2018. MOTION to DISMISS currently set for 1/29/2018 has been CONTINUED to 2/20/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Munoz, I)

1
2
3
4
5

Robert L. Baumann, SBN 261665
[e-mail]
Adams, Ferrone and Ferrone APC
4333 Park Terrace Drive, Suite 200
Westlake Village, CA 91361
Telephone: [phone]
Facsimile: 818-874-1382
Attorneys for Plaintiffs,
BRYAN ROSSY, et al.

6
7
8
9
10
11
12

Scott J. Grossberg (Bar No. 123359)
[e-mail]
Laurel A. Hoehn (Bar No. 232946)
[e-mail]
GROSSBERG & HOEHN
1026 W. Foothill Blvd.
Upland, CA 91786
[phone]/Phone
[phone]/Fax
Attorneys for Defendants
CITY OF BISHOP, et al.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRYAN ROSSY, MARK
) Case No. 1:17-cv-01244-LJO-SAB
GUTIERREZ, JARED WAASDORP, )
and DOUGLAS MAIRS,
) Hon. Lawrence J. O’Neill
)
Plaintiffs,
) JOINT STIPULATION TO
) CONTINUE MOTION TO
vs.
) DISMISS;
) Date:
January 29, 2018
CITY OF BISHOP, a public agency
) Time:
8:30 AM
and/or municipal corporation; CHRIS ) Courtroom: 4
CARTER, individually and as Police )
Chief; TED STEC, individually and as )
Police Chief; JIM TATUM,
)
individually; PAT GARDNER,
)
individually; and DOES 1 THROUGH )
10, inclusive,
)
)
Defendants.
)
)
)
)
)
)
)
)
1
JOINT STIPULATION TO CONTINUE MOTION TO DISMISS

1

Plaintiffs Bryan Rossy, et al. (collectively “Plaintiffs”) and Defendants City

2

of Bisop, et al. (collectively “Defendants”) by and through their counsel of record,

3

hereby request a continuance of the Motion to Dismiss.

4

On December 4, 2017, the Defendants filed a Notice of Motion and Motion

5

to Dismiss which is scheduled for hearing on January 29, 2018 at 8:30 a.m..

6

Plaintiff’s opposition is due on January 15, 2018. During the last week of

7

December 2017 and the first week of January 2018 Counsel for Plaintiff has been

8

appearing on behalf of two colleagues due to medical and family emergencies and

9

will need additional time to prepare Plaintiff’s opposition. Thus, both parties by

10

and through their respective counsel, have agreed, and hereby request, that the

11

Court continue the Motion to Dismiss currently set for January 29, 2018 at 8:30

12

AM to February 19, 2018 at 8:30 AM in Courtroom 4.

13
14

IT IS SO STIPULATED

15
16

Dated: January 10, 2018

ADAMS FERRONE & FERRONE

17
By:

18

Robert L. Baumann
Attorneys for Plaintiffs,
BRYAN ROSSY, et al.

19
20
21
22

Dated: January 10, 2018

GROSSBERG & HOEHN

23
24
25
26
27

By:
Scott J. Grossberg
Laurel A. Hoehn
Attorneys for Defendants
CITY OF BISHOP, et al.

28
2
JOINT STIPULATION TO CONTINUE MOTION TO DISMISS

1
2

ORDER
After review of all papers and pleadings filed in connection with the

3

motion, good cause appearing, the Court hereby accepts the Stipulation by the

4

Parties. However, the agreed-upon new date for the hearing on the motion to

5

dismiss (February 19, 2018) is a Federal Holiday, so the Motion to Dismiss is

6

CONTINUED from January 29, 2018 to February 20, 2018 at 8:30 AM in

7

Courtroom 4. The parties are informed that upon expiration of the reply deadline,

8

the Court will review the papers and may take the matter under submission

9

without oral argument. The Court will so inform the parties by Minute Order.

10
11
12
13

IT IS SO ORDERED.
Dated:

January 10, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JOINT STIPULATION TO CONTINUE MOTION TO DISMISS