Atwood v. City of San Rafael et al

Filing 13

ORDER GRANTING 8 Stipulation Extending Time for All Defendants to Respond to Plaintiff's Complaint. Initial Case Management Conference set for 6/12/2009 01:30 PM. Joint case management statement due: 6/5/2009. Signed by Judge Jeffrey S. White on 4/14/09. (jjo, COURT STAFF) (Filed on 4/14/2009)

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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 BRUCE W. NICKERSON, C.B.N. 90760 231 Manor Drive San Carlos, CA 94070 Tel: (650) 594-0195 Attorney for the Plaintiff Class IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DOANE ATWOOD, individually and on behalf of Class of Persons similarly situated, Plaintiffs, v. CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO, EMBASSY SUITES HOTEL, and DOES I through X, inclusive, Defendants. Case No. CV 08 5002 EMC JSW STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT WHEREAS, the parties have at last scheduled a mediation session for June 2, 2009 before the Honorable Charles A. Legg (Ret.): AGREEMENT Pursuant to Civil Local Rule 6-2, the parties hereby stipulate as follows: 1. June 2, 2009. 2. If Mediation is unsuccessful, Defendants CITY OF SAN RAFAEL, CHIEF The Parties will mediate this matter before Honorable Charles A. Legg (Ret.) by MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER -1- 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 RICHARD CLARY, OFFICER AARON PIOMBO and HILTON HOTEL CORPORATION will file their responsive pleadings to Plaintiff DOANE ATWOOD'S Complaint by June 7, 2009. 3. The Initial Case Management Conference, currently set for April 15, 2009, will be continued according to June 10, 2009. 4. In so stipulating, Defendants expressly retain their rights not to consent to the jurisdiction of a Magistrate Judge, and request reassignment to a United States District Judge. The dates set forth in this Court's Order Setting Initial Case Management Conference and ADR Deadlines are continued accordingly. Respectfully submitted, Date: April 8, 2009 BRUCE NICKERSON By ______/s/_______________ Bruce W. Nickerson Attorney for Plaintiff DOANE ATWOOD Date: April 9, 2009 JACKSON LEWIS, LLP By /s/ Jamerson C. Allen Cortney L. McDevitt Attorneys for Defendant HILTON HOTELS CORPORATION Dated: April 9, 2009 BERTRAND, FOX & ELLIOT By /s/ Tom Bertrand Attorney for Defendants CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, and OFFICER AARON PIOMBO -2- 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 PROPOSED ORDER Based on the foregoing, and good cause so appearing, the Court hereby orders: 1. 2, 2009; 2. If Mediation is unsuccessful, Defendants CITY OF SAN RAFAEL, CHIEF The Parties will mediate this matter before Honorable Charles A. Legg (Ret.) by June MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO and HILTON HOTEL CORPORATION will respond to Plaintiff DOANE ATWOOD'S Complaint by June 7, 2009; The Initial Case Management Conference, currently set for April 15, 2009, is hereby June 12, 2009 at 1:30 p.m. continued to June 10, 2009. A joint CMC statement is due June 3, 2009; June 5, 2009. 4. The dates set forth in this Court's Order Setting Initial Case Management Conference 3. and ADR Deadlines are continued accordingly; and 5. Defendants' rights to object to the jurisdiction of the Magistrate Judge and request reassignment to a District Judge are reserved. Dated:_________________ April 14, 2009 ___________________________________________ United States Magistrate Judge DISTRICT H:\H\HILTON HOTELS CORP -- LITIGATION (40293)\Atwood, Doane (131119)\Pleadings\20090409 JCA Final Stipulation to Extend Time to Respond to Complaint.doc -3-

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