Kyriacou et al v. Peralta Community College District et al

Filing 28

ORDER continuing motion to dismiss and cmc to 4/3/09 at 9 a.m. and 3 p.m., respectively.. Signed by Judge Illston on 2/23/09. (ts, COURT STAFF) (Filed on 2/23/2009)

Case 3:08-cv-04630-SI

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Steven N.H. Wood, Esq. (CA SBN 161291) Christopher J. Schweickert, Esq. (CA SBN 225942) BERGQUIST, WOOD & ANDERSON, LLP 1470 Maria Lane, Suite 300 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Kevin T. Snider (CA SBN 170988) Matthew B. McReynolds (CA SBN 234797) PACIFIC JUSTICE INSTITUTE P.O. Box 276600 Sacramento, CA 95827 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs KANDY KYRIACOU and OJOMA OMAGA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION KANDY KYRIACOU and OJOMA OMAGA, Plaintiffs, v. PERALTA COMMUNITY COLLEGE DISTRICT; KERRY COMPTON, as Vice President of Student Services at College of Alameda; DEREK PIAZZA, as instructor of Apparel Design & Merchandising at College of Alameda; and PETER SIMON, as Division I Dean at College of Alameda. Defendants. Under Local Rules 6-1(b) and 6-2, THE PARTIES HEREBY STIPULATE: 1. To continue the hearing on Defendants' 12(b)(6) Motion to Dismiss from Friday, March 6, 2009 at 9:00 a.m. to Friday, March 13, 2009 at 9:00 a.m. (or the first available date thereafter, excluding March 20 and 27, 2009).
STIPULATION [& ORDER] TO CONTINUE HEARING ON DEFENDANTS' 12(b)(6) MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE; DECLARATION OF CHRISTOPHER SCHWEICKERT PER L.R. 6-2(a)

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ATTORNEYS AT LAW 1470 MARIA LANE, SUITE 300 WALNUT CREEK, CALIFORNIA 94596 [phone] FACSIMILE [phone]

BERGQUIST, WOOD & ANDERSON,

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Case No. 3:08-cv-4630-SI STIPULATION [& ORDER] TO CONTINUE HEARING ON DEFENDANTS' 12(b)(6) MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE; DECLARATION OF CHRISTOPHER SCHWEICKERT PER L.R. 6-2(a) Courtroom: 10 (19th Floor) Judge: Honorable Susan Illston

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EXHIBIT A DECLARATION OF CHRISTOPHER SCHWEICKERT PER L.R. 6-2(a) I, Christopher J. Schweickert, declare: I work for Bergquist, Wood & Anderson, LLP, counsel of record for Plaintiffs Kandy Kyriacou and Ojoma Omaga, upon whose behalf I make this declaration. If called as a witness I would competently testify to the following facts, all of which are within my personal knowledge: 1. This declaration is filed per Local Rule 6-2(a) to explain the parties' stipulated request

for an order continuing the present March 6, 2009 hearing date for Defendants' 12(b)(6) Motion to Dismiss and the Case Management Conference (CMC). 2. All previous time modifications in this case are as follows: a. 10/27/2008 stipulation to extend Defendants' time to answer (Doc. #4). b. 12/17/2008 continuance of initial CMC to 2/20/2009 (Docs. #7, 8). c. 2/13/2009 stipulation by parties to postpone initial disclosures to 3/20/2009 (in Rule 26(f) report, Doc. #19). d. 2/18/2009 continuance of initial CMC to 3/6/2009 (Doc. #22) (one week after the 12(b)(6) hearing). e. Stipulation (2/19/2009, Doc. #23) and order (2/20/2009, Doc. #24) to extend time for Defendants' 12(b)(6) reply. f. 2/19/2009 continuance of 12(b)(6) hearing to 3/6/2009 (Doc. #24). 3. Defendants' deadline to file a reply brief for their 12(b)(6) motion to dismiss was

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ATTORNEYS AT LAW 1470 MARIA LANE, SUITE 300 WALNUT CREEK, CALIFORNIA 94596 [phone] FACSIMILE [phone]

BERGQUIST, WOOD & ANDERSON,

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inadvertently listed as February 20, 2009 on the Joint Case Management Statement filed February 13, 2008 (Document # 20). Per L.R. 7-3(c), it should have been listed as February 13. 4. On information and belief, upon realizing the error, Defendants' counsel requested

additional time to file their reply brief for their 12(b)(6) Motion to Dismiss. On information and belief lead counsel for Plaintiffs Steven N. H. Wood, Esq. agreed to extend that time to reply, and at the same time proposed the motion hearing be continued so as not to jam the Court; and also specified that March 6 was unavailable for the hearing.

STIPULATION [& ORDER] TO CONTINUE HEARING ON DEFENDANTS' 12(b)(6) MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE; DECLARATION OF CHRISTOPHER SCHWEICKERT PER L.R. 6-2(a)

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