Simon v. Allman et al

Filing 12

STIPULATION AND ORDER AS MODIFIED - DISMISSING Count III of Plaintiff's Complaint. Initial Case Management Conference continued to 11/18/2008 10:00 AM. Signed by Judge Elizabeth D. Laporte on 10/6/08. (lmh, COURT STAFF) (Filed on 10/6/2008)

J A M E S F . D e M A R T I N I (SBN 76220) Attorney at Law 2 115 West First Street Cloverdale, California 95425 3 [phone] [phone]-Fax 4 [e-mail]
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Attorney for Plaintiff

UNITED STATES DISTRICT COURT NORTHER DISTRICT OF CALIFORNIA ROBERT SIMON, ) ) ) Plaintiff, ) ) ) vs. ) ) ) SHERIFF THOMAS D. ALLMAN, ) COUNTY OF MENDOCINO and ) DOES 1-20, inclusive, ) ) Defendants. ) ) Case No.: C-08-03380-EDL STIPULATION AND ORDER RE DEFENDANTS' MOTION TO DISMISS PURSUANT TO F.R.C.P. RULE 12(b)(6)
AS MODIFIED

Magistrate Judge Elizabeth D. Laporte _______________________________

STIPULATION The parties hereto, hereby stipulate that the court may enter its order dismissing Count III of plaintiff's complaint. The parties further stipulate that the court may continue its Case Management Conference, currently set for October 31, 2008, to November 18, 2008 at 9:00 a.m. Dated: October 6, 2008 By: /S/ JAMES F. DeMARTINI Attorney for Plaintiff By: /S/ DOUGLAS L. LOSAK Attorney for Defendants County of Mendocino and Sheriff Thomas D. Allman

Dated: October 6, 2008

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ORDER The parties having stipulated thereto, IT IS ORDERED, that Count III of plaintiff's Complaint is hereby stricken in its entirety and the Case Management Conference currently set for October 31, 2008 is continued until November 18, 2008
10:00 AM.

at 9:00 a.m.

Joint case management statement shall be filed November 12, 2008.

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October 6, 2008 Dated: _______________

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________________D__________ _ Hon. Elizabeth ERE ORD Laporte MagSsSOte DIFIED IT I i tra Judge AS MO

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