Chavez v. City of Oakland et al

Filing 22

ORDER re 21 Stipulation filed by Raymundo Chavez, Set/Reset Deadlines as to 21 Stipulation, 18 MOTION for Summary Judgment DEFENDANT OFFICERS KEVIN REYNOLDS AND CESAR GARCIAS MOTION FOR SUMMARY JUDGMENT ON THE GROUNDS OF QUALIFIED IMMUNITY; NOTICE OF MOTION; MEMORANDUM OF POINTS AND AUTHORITIES. Responses due by 4/17/2009. Replies due by 4/24/2009. Motion Hearing set for 5/8/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 3/30/09. (be, COURT STAFF) (Filed on 3/30/2009)

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TERRY GROSS (103878) ADAM C. BELSKY (147800) MONIQUE ALONSO (No. 127078) GROSS BELSKY ALONSO LLP 180 Montgomery Street, Suite 2200 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff RAYMUNDO CHAVEZ JOHN A. RUSSO, City Attorney (129729) RANDOLPH W. HALL, Assistant City Attorney (080142) RACHEL WAGNER. Supervising Trial Attorney (127246) OAKLAND CITY ATTORNEY One Frank H. Ogawa Plaza, 6th Floor Oakland, CA 94612 26189/538056 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RAYMUNDO CHAVEZ, Plaintiff, v. CITY OF OAKLAND, CHIEF WAYNE G. TUCKER, OFFICER K. REYNOLDS, OFFICER CESAR GARCIA, and DOES 1-20, inclusive, Defendants. Case No. C08-04015 CRB STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION FOR SUMMARY JUDGMENT ON THE GROUNDS OF QUALIFIED IMMUNITY

THE HONORABLE CHARLES R. BREYER

The parties to the above captioned litigation, by and through their undersigned counsel of record, hereby stipulate as follows: 1. The parties request to continue the scheduled date for the Motion for Summary

Judgment On the Grounds of Qualified Immunity for two weeks, from April 24, 2009 to May 8, 2009, and to change the due dates for the opposition and reply papers accordingly. -1STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE, CASE NO. C08-04015

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2.

All depositions and written discovery necessary for the Motion for Summary

Judgment On the Grounds of Qualified Immunity have been completed. 3. Good cause exists for the two-week extension, due to the facts that plaintiff's counsel

has had unexpected litigation emergencies and medical illness during the period when counsel otherwise would have been able to devote to drafting an opposition to the Motion, and counsel for defendants, due to the mandatory furlough days instituted by the City of Oakland due to the fiscal emergency, will be unable to devote sufficient time to the reply brief under the current schedule. 4. One prior extension of the hearing date had been requested, for a one-week

extension, to enable the parties sufficient time to complete discovery relevant to the motion. As noted above, all necessary discovery has now been completed. DATED: March 27, 2009 GROSS BELSKY ALONSO LLP ___/s/_Terry Gross______________ Attorneys for Plaintiff RAYMUNDO CHAVEZ DATED: March 27, 2009 OAKLAND CITY ATTORNEY ___/s/_Rachel Wagner___________ Attorneys for Defendants

- 2STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE,

CASE NO. C08-04015

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March 30 Dated: ____________, 2009

ORDER Based on the Stipulation and Order, and good cause appearing therefor, the hearing date on defendants' Motion for Summary Judgment on Qualified Immunity is continued from April 24, 2009 to May 8, 2009. Plaintiff's Opposition is due on April 17, 2009, and defendants' reply is due on April 24, 2009. IT IS SO ORDERED.

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ICT S ______________________________ TE C TA Charles R. Breyer United States District Court Judge
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