Anderson v. Tamalpais Community Services District et al

Filing 81

STIPULATION AND ORDER TO CONTINUE HEARING re 80 filed by Majory Anderson. The 2/5/2009 hearing of Defendants' motions to dismiss and motions to strike shall be continued to 2/19/2009 at 2:30 PM. Signed by Chief Judge Vaughn R Walker on 1/20/2009. (cgk, COURT STAFF) (Filed on 1/20/2009)

Case 3:08-cv-02354-VRW

Document 80

Filed 01/15/2009

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

ANTONIO L. CORTÉS Attorney at Law Bar No. 142356 528 Wisteria Way San Rafael, California 94903 Tel: [phone] Fax: [phone] Attorney for Plaintiff Marjory Anderson

UNITED STATES DISTRICT COURT NORTHERN DISCTRICT OF CALIFORNIA MARJORY ANDERSON, ) ) Plaintiff, ) ) v. ) ) TAMALPAIS COMMUNITY ) SERVICES DISTRICT, et al., ) ) ) Defendants ) ) _________________________________ ) CASE NO. CV08-2354 VRW STIPULATED JOINT REQUEST FOR CONTINUANCE; [PROPOSED] ORDER

The undersigned counsel jointly request this honorable Court to continue, until February 26, 2009, at 2:30 pm, the hearing of Defendants' Motions to Strike and Motions to Dismiss, currently set for February 5, 2009 at 2:30 pm. Good cause for the requested continuance exists in the following circumstances: (1) the parties have been exploring possible settlement of the matters between them, and in so doing discussed the fact that minimizing attorneys' fees incurred in pursuing the subject motions would increase the economic window within which settlement might be reached, (2) counsel for Pearce and Frankman and Special District Risk Management Authority both acknowledged to Plaintiff's counsel that delay in the parties'

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__________________________________________________________________________ 1 STIPULATED JOINT REQUEST FOR CONTINUANCE; [PROPOSED] ORDER

Case 3:08-cv-02354-VRW

Document 80

Filed 01/15/2009

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

preparing opposition and reply briefs for the pending motions might be warranted, causing him to delay the preparation of appropriate opposition briefs; (3) the evaluation of settlement issues by one Defendant has taken longer than expected; and (4) Plaintiff's counsel now needs additional time to draft appropriate opposition briefs to the six (6) pending motions to address the possibility that settlement may not be reached until those motions are resolved. DATED: January 15, 2009 ______________/s/________________ Antonio L. Cortes, Counsel for Plaintiff DATED: January 15, 2009 MCCORMACK, BARSTOW, SHEPPARD WAYTE & CARUTH LLP _______________/s/_______________ James P. Wagoner, Esq. Counsel for Special District Risk Management Authority DATED: January 15, 2009 BERTRAND, FOX & ELLIOT

_______________/s/_______________ Eugene B. Elliot, Esq., Counsel for Jon Elam and Tamalpais Community Services District DATED: January 15, 2009 LERCH STURMER LLP

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_______________/s/_______________ Debra Steel Sturmer, Esq., Counsel for Pearce and Frankman and Millen Griffith

__________________________________________________________________________ 2 STIPULATED JOINT REQUEST FOR CONTINUANCE; [PROPOSED] ORDER

Case 3:08-cv-02354-VRW

Document 80

Filed 01/15/2009

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

Attorney Attestation Pursuant to General Order 45, I attest that I obtained the concurrence of the other signatories to this e-filed document before filing it. DATED: January 15, 2009 _______________/s/_______________ Antonio L. Cortes [PROPOSED] ORDER The foregoing parties having requested a continuance of the February 5, 2009 hearing of Defendants' Motions to Dismiss and Motions to Strike, and good cause appearing therefor, it is hereby ORDERED, that all pending Motions filed by Defendants shall be set for 19 hearing February 26, 2009, at 2:30 pm. DISTR

UNIT ED

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SO ORDERED

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F D IS T IC T O R

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1/20/2009 Date: _________________

___________________________ Vaughn R. Walker, United States DistrictWalkerJudge n R Chief

GRAN

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