Atondo v. County of Solano, et al

Filing 22

STIPULATION and ORDER 21 signed by Judge Frank C. Damrell, Jr. on 9/11/2009 ORDERING 18 Motion to Dismiss Hearing reset for 10/2/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr., and the time for filing and service of Defendants' Reply Brief, if any, shall be enlarged up to and including five (5) court days prior to the hearing. (Reader, L)

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PAMELA Y. PRICE, ESQ. (STATE BAR NO. 107713) PRICE AND ASSOCIATES A Professional Law Corporation The Latham Square Building 1611 Telegraph Avenue, Ste. 1450 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff GEORGE ATONDO

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GEORGE ATONDO, Plaintiff, v. COUNTY OF SOLANO, ANDREW SWANSON in his individual capacity, and DOES 1 through 15 inclusive Defendants.

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NO. 2:08-CV-02794 FCD-EFB STIPULATION AND ORDER TO MOVE HEARING DATE AND ENLARGE TIME FOR REPLY BRIEF FOR DEFENDANTS' RULE 12(b)(6) MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT DATE: SEPTEMBER 9, 2009

Plaintiff GEORGE ATONDO and Defendants COUNTY OF SOLANO and ANDREW SWANSON hereby stipulate, by and through their respective counsel, that the Court may issue an Order to move the hearing date for Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint in this action and enlarge the time for Defendants' Reply Brief up to and including five (5) court days prior to the hearing. The parties agree that the hearing date scheduled for September 18, 2009, at 10:00 a.m., may be continued to October 2, 2009, at 10:00 a.m., and Defendants' Reply Brief may be filed and served up to and including five (5) court days prior to the hearing. Good cause exists for this Stipulation and brief continuance of the hearing to allow Defendants additional time to prepare their Reply Brief due to a defect in the service of -1STIPULATION AND ORDER (2:08-CV-02794 FCD-EFB)

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Plaintiff's Opposition, and Plaintiff's lead counsel is required to appear to defend four (4) courtordered depositions in Fresno, California in another matter on September 17 and 18, 2009. Dated: September 9, 2009 PRICE AND ASSOCIATES /s/ PAMELA Y. PRICE, Attorneys for Plaintiff GEORGE ATONDO

Dated: September 9, 2009

MATHENY SEARS LINKERT & JAIME LLP /s/ RAYMOND BANGLE, Attorneys for Defendant COUNTY OF SOLANO ORDER

IT IS HEREBY ORDERED that pursuant to the foregoing Stipulation and good cause appearing therefor, the hearing date for Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint scheduled for September 18, 2009, at 10:00 a.m., shall be continued to October 2, 2009, at 10:00 a.m., and the time for filing and service of Defendants' Reply Brief, if any, shall be enlarged up to and including five (5) court days prior to the hearing.

Dated: September 11, 2009

___________________________________ FRANK C. DAMRELL, JR. UNITED STATESI DISTRICT JUDGE

-2STIPULATION AND ORDER (2:08-CV-02794 FCD-EFB)