Ambrose v. Coffey

Filing 55

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/3/09: Hearing re 47 Motion to Dismiss shall occur on 11/23/09 at 10:00 AM. This Stipulation and Order shall constitute notice of the new hearing date, time, and location and County Defendants need not refile their motion to dismiss the Origel complaint. (Owen, K)

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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 DANA A. SUNTAG (California State Bar #125127) SUNTAG & FEUERSTEIN A Professional Corporation The Kress Building 20 North Sutter Street, Fourth Floor Stockton, California 95202 Telephone: (209) 943-2004 Facsimile: (209) 943-0905 Dana@Suntag-Feuerstein.com QUENDRITH L. MACEDO (California State Bar #179167) Deputy County Counsel OFFICE OF THE COUNTY COUNSEL OF SAN JOAQUIN 44 North San Joaquin Street, Suite 679 Stockton, California 95202 Telephone: (209) 468-2980 Attorneys for Defendants GARY COFFEY, JAMES C. WEYDERT, and COUNTY OF SAN JOAQUIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CIV. No. 2:08-cv-1664 LKK-GGH JOSEPH AMBROSE, D.C., ) ) Plaintiff, ) ) v. ) ) GARY COFFEY, et al. ) ) Defendants. ) ) CIV. No. 2:08-cv-2640-LKK-GGH WILLIAM D. ORIGEL, ) ) STIPULATION AND ORDER RE Plaintiff, ) RESCHEDULING OF MOTION ) TO DISMISS ORIGEL v. ) COMPLAINT ) TRAVELERS PROPERTY AND CASUALTY ) Date: November 23, 2009 COMPANY OF AMERICA, A Corporation; ) Time: 10:00 a.m. WILLIAM REYNOLDS; THE COUNTY OF Place: Courtroom 4 SANJOAQUIN; JAMES C. WEYDERT; GARY ) COFFEY; and DOES 1 to 100, ) ) Defendants. ) ____________ ) STIPULATION AND ORDER RE COMBINING HEARINGS ON MOTIONS TO DISMISS 1 PDF created with pdfFactory trial version www.pdffactory.com 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 WHEREAS, on October 5, 2009, Defendants County of San Joaquin, James C. Weydert, and Gary Coffey (the "County Defendants") filed motions to dismiss the complaints filed by Plaintiffs Richard Sausedo, Pedram Vaezi, and Michael Yates, which motions are scheduled to be heard at 10:00 a.m. on November 23, 2009, before the Honorable Lawrence K. Karlton; WHEREAS, on October 15, 2009, the County Defendants filed a motion to dismiss the complaint filed by Plaintiff Wilmer D. Origel, which motion was scheduled to be heard at 9:00 a.m. on November 23, 2009, before the Honorable Garland E. Burrell, Jr.; WHEREAS, on October 30, 2009, Judge Karlton issued a Related Case Order, in which he related the Origel case with the already related and consolidated lawsuits filed by Sausedo, Vaezi, Yates, and Joseph Ambrose; the Related Case Order also reassigned the Origel case to Judge Karlton; WHEREAS, the Related Case Order also vacated the hearing on the County Defendants' motion to dismiss Origel's complaint and directed the County Defendants to renotice their motion to dismiss to reflect a hearing date available before Judge Karlton, and invited the filing of a motion to shorten time for the hearing of the motion to dismiss, if appropriate; WHEREAS, the issues to be decided on the Origel motion to dismiss are substantially the same as the issues to be decided on the motions to dismiss the Sausedo, Vaezi, and Yates cases such that judicial economy would be served by hearing the motions together: THEREFORE, IT IS STIPULATED AND AGREED: 1. The hearing on the County Defendants' motion to dismiss the Origel complaint shall occur on November 23, 2009, at 10:00 a.m., and the briefing schedule shall reflect this hearing date. STIPULATION AND ORDER RE COMBINING HEARINGS ON MOTIONS TO DISMISS 2 PDF created with pdfFactory trial version www.pdffactory.com 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 2. This stipulation, once ordered and entered, shall constitute notice of the new hearing date, time, and location, and the County Defendants need not refile their motion to dismiss the Origel complaint. Dated: November 2, 2009 SUNTAG & FEUERSTEIN A Professional Corporation By: __/s/ Dana A. Suntag___________ DANA A. SUNTAG Attorneys for Defendants GARY COFFEY, JAMES C. WEYDERT, and COUNTY OF SAN JOAQUIN Dated: November 2, 2009 DRIVON, TURNER & WATERS A Professional Corporation By: __/s/ Robert T. Waters__________ ROBERT T. WATERS Attorneys for Plaintiff WILMER D. ORIGEL ORDER It is so ordered. Dated: November 3, 2009 STIPULATION AND ORDER RE COMBINING HEARINGS ON MOTIONS TO DISMISS 3 PDF created with pdfFactory trial version www.pdffactory.com

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