Ludavico v. Sacramento County et al

Filing 13

ORDER signed by Judge Frank C. Damrell, Jr. on 1/22/2009 GRANTING 12 Plaintiffs' Ex Parte Application. Defendants' Motion to Dismiss 8 is CONTINUED to 3/6/09 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Plaintiffs shall file an opposition by 2/20/09 at 4:00 PM, and Defendants shall file a reply by 2/27/09 at 4:00 PM. (Krueger, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SACRAMENTO COUNTY, a Government Entity, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, a Public Entity, JOHN MCGINNESS, an individual, ELK GROVE UNIFIED SCHOOL DISTRICT, a Public Entity, ELK GROVE UNIFIED SCHOOL DISTRICT POLICE DEPARTMENT, a Public Entity, DANIEL ZUNIGA, an individual, ADRIAN ZUNIGA, an individual, JIM ROSE, an individual, DEPUTY POWE, an individual, DEPUTY MUELLER, an individual, DEPUTY SCHANAP, an individual, and DOES 1 through 50, inclusive, Defendants. _____________________________/ ----oo0oo---THOMAS LUDAVICO, SR., THOMAS LUDAVICO, JR., ASHLEY LUDAVICO Plaintiffs, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

CASE NO. 2:08-cv-1473 FCD JFM ORDER

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This matter is before the court on plaintiffs Thomas Ludavico Sr., Thomas Ludavico Jr., and Ashley Ludavico's (collectively, "plaintiffs") ex parte application to extend the deadline for filing an opposition to defendants Elk Grove Unified School District and Elk Grove Unified School District Police Department's (collectively, "defendants") motion to dismiss the complaint and to extend the hearing on that motion. Plaintiffs'

counsel represents that defendants' counsel has no opposition to a thirty (30) day continuance of the hearing date. (Decl. of

William E. Bonham in Supp. of Ex Parte Application, filed Jan. 21, 2009, ¶ 2). Having reviewed plaintiffs' application and declaration in support thereof, good cause having been shown, defendants' motion to dismiss shall be heard on March 6, 2009, at 10:00 a.m. in Courtroom 2. Plaintiffs shall file an opposition by February 20, Defendants shall file a reply by February 27,

2009 at 4:00 p.m. 2009 at 4:00 p.m.

IT IS SO ORDERED. DATED: January 22, 2009 ________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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