Chavez v. City of Oakland et al

Filing 32

ORDER re 31 Stipulation filed by Raymundo Chavez, Set/Reset Deadlines as to 31 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. Motion Hearing set for 5/29/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 5/6/09. (be, COURT STAFF) (Filed on 5/7/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (415) 544-0200 Facsimile: (415) 544-0201 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: (510) 238-4921 Facsimile: (510) 238-6500 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 three weeks, from May 8, 2009 to May 29, -1- STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE, CASE NO. C08-04015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009. The parties have filed their respective opposition and reply papers in accordance with the previously ordered briefing schedule. 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 three-week extension in that plaintiff's counsel is ill and is not expected to be fully recovered by May 8, 2009, and the parties are informed that the Court's next availability is May 29, 2009. 4. The May 8 hearing date was scheduled when the Court was obliged to cancel the May 1, 2009 hearing date. 5. Two prior extensions have been requested to: (1) enable the parties sufficient time to complete discovery relevant to the motion and (2) allow sufficient time for the parties to file the required opposition and reply papers. DATED: May 6, 2009 GROSS BELSKY ALONSO LLP ___/s/_Terry Gross______________ Attorneys for Plaintiff RAYMUNDO CHAVEZ DATED: May 6, 2009 OAKLAND CITY ATTORNEY ___/s/_Rachel Wagner___________ Attorneys for Defendants - 2STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE, CASE NO. C08-04015 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ORDER Based on the stipulation of the parties, and good cause appearing therefor, the hearing date on defendants' Motion for Summary Judgment on Qualified Immunity is hereby continued from May 8, 2009, to May 29, 2009. IT IS SO ORDERED. Dated: ____________, 2009 May 6 UNIT ED ER N F D IS T IC T O R - 3STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE, A C LI CASE NO. C08-04015 FO J arles R udge Ch . Breyer R NIA ______________________________ Charles R. Breyer DERED UnitedT IS SO OR Court Judge States District I S S DISTRICT TE C TA RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE RE: Raymundo Chavez v. City of Oakland, et al. Case No. C08-04015 CRB______________ I am a citizen of the United States and employed in the County of San Francisco, State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is GROSS & BELSKY LLP, 180 Montgomery Street, Suite 2200, San Francisco, CA, 94104. On the date set forth below, I served the following documents in the manner indicated on the below named parties and/or counsel of record: STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON MOTION FOR SUMMARY JUDGMENT ON THE GROUNDS OF QUALIFIED IMMUNITY Facsimile transmission from (415) 544-0201 during normal business hours, complete and without error on the date indicated below, as evidenced by the report issued by the transmitting facsimile machine. U.S. Mail, with First Class postage prepaid and deposited in a sealed envelope at San Francisco, California. XX By ECF: by USDC Live System-Document Filing System on all interested parties registered for e-filing. Attorneys for Defendants ___ Rachel Wagner Office of the City Attorney City of Oakland 1 Frank H. Ogawa Plaza, 6th Floor Oakland, CA 94612 T: (510) 637-0268 F: (510) 238-6500 I am readily familiar with the firm's practice for the collection and processing of correspondence for mailing with the United States Postal Service, and said correspondence would be deposited with the United States Postal Service at San Francisco, California that same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 6, 2009, at San Francisco, California. ____/s/ Deanna Micros________ DEANNA MICROS - 4STIPULATION AND[ PROPOSED] ORDER TO CONTINUE HEARING DATE, CASE NO. C08-04015

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