Hawthorne v. Ayers et al

Filing 92

STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS re 91 Stipulation filed by S. Robinson, A. Cota, J. Pickett, D. Lee, R. Cruz, T. Holt, R. W. Fox. Signed by Judge Alsup on December 14, 2011. (whalc2, COURT STAFF) (Filed on 12/14/2011)

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KAMALA D. HARRIS
Attorney General of California
THOMAS S. PATTERSON
Supervising Deputy Attorney General
MICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Cota, Lee, Robinson, Cruz,
Pickett, Holt, and Fox
IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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CARLOS A. HAWTHORNE,

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v.

C 08-1473 WHA
Plaintiff, STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING ON
DEFENDANTS’ MOTION TO DISMISS
UNDER RULE 12(b)(6)

R. AYERS, Jr., et al.,
Defendants.

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Stipulation and [Proposed] Order (C 08-1473 WHA)

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The following stipulation requests that the hearing on Defendants’ motion to dismiss, set

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for December 15, 2011, be extended to January 12, 2012 in order to provide the parties with

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additional time to finalize the settlement agreement and file a dismissal in the case.

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STIPULATION

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Carlos Hawthorne and Defendants

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Cota, Lee, Robinson, Cruz, Pickett, Holt, and Fox, by and through their respective counsel,

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stipulate and request as follows:

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1.

The parties reached an agreement to settle the case during a November 30, 2011

settlement conference before Magistrate Judge Cousins;
2.

This Court continued the December 1, 2011 hearing on Defendants’ motion to

dismiss to December 15, 2011 to allow time for the dismissal to be filed;
3.

The parties are in the process of drafting the settlement agreement, but require

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additional time to have the terms of the agreement further reviewed by both Plaintiff Hawthorne

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and Defendants, and to file the dismissal;

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4.

With respect to Civil L.R. 6-2(a)(1), the parties have conferred and agree that

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extension of the deadline is desirable because it will enable them to prepare the settlement

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agreement and related documents;

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5.

With respect to Civil L.R. 6-2(a)(2), the previous time modifications in this action

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include: (a) Defendants’ motion to change time to file a dispositive motion, which was granted by

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this Court on November 2, 2009 (Docket No. 48), and (b) Plaintiff’s motion for an extension of

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time to file a second amended complaint, which was granted by this Court on October 29, 2010

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(Docket No. 66).

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6.

With respect to Civil L.R. 6-2(a)(3), a continuance of the hearing to January 12, 2012

will not delay other deadlines in the case, since the matter has settled.

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THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUESTE that the Court
continue the hearing on Defendants’ motion to dismiss to January 12, 2012.
By his signature below, and pursuant to General Order 45, counsel for Defendants attests
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Stipulation and [Proposed] Order (C 08-1473 WHA)

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that counsel for all parties whose electronic signatures appear below have concurred in the filing

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of this Stipulation.

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Dated: December 13, 2011

By: /s/ Jacob Foster
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

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Attorneys for Plaintiff Carlos Hawthorne

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Dated: December 13, 2011

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By:

/s/ Michael J. Quinn
Attorneys for Defendants Cota, Lee, Robinson, Cruz,
Pickett, Holt, and Fox

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: December 14, 2011.
December 14, 2011.

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Dated: _________________________________
The Honorable William H. Alsup
William Alsup
United States District Court Judge
UNITED STATES DISTRICT JUDGE

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SF2009201592
40497782.doc

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Stipulation and [Proposed] Order (C 08-1473 WHA)