Atwood v. City of San Rafael et al

Filing 7

STIPULATION AND ORDER re 6 Stipulation filed by Embassey Suites Hotel. Signed by Judge Edward M. Chen on 3/13/09. (bpf, COURT STAFF) (Filed on 3/13/2009)

Case 3:08-cv-05002-EMC

Document 6

Filed 03/11/2009

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JAMERSON C. ALLEN (State Bar No. 132866) CORTNEY L. MCDEVITT (State Bar No. 241879) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, CA 94105 Telephone [phone] Facsimile: 415.394.9401 Attorneys for Defendant HILTON HOTELS CORPORATION

UNITED STATES DISTRICT COURT 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 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT ORDER

RECITALS WHEREAS, Plaintiff DOANE ATWOOD ("Plaintiff") filed this action against defendants CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO AND HILTON HOTEL CORPORATION (erroneously sued as "Embassy Suites Hotel") ("Defendants") on or about November 3, 2008; WHEREAS, Plaintiff requested Defendant HILTON HOTELS CORPORATION waive formal service on or about November 25, 2008 by mailing a copy of the Complaint and waiver of 1
Case No. CV 08 5002 EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT

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service to counsel for Defendant HILTON HOTELS CORPORATION; WHEREAS, Defendant HILTON HOTEL CORPORATION'S responsive pleading to the Complaint is due on or about January 24, 2009; WHEREAS, Defendants and CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, and OFFICER AARON PIOMBO have not yet been served with the Complaint; WHEREAS, the Parties have agreed to attend mediation before the Honorable Charles A. Legg (Ret.) prior to Defendants filing responsive pleadings in this matter; WHEREAS, there have been no prior time modifications in this matter; and WHEREAS, the change requested herein would require continuance of the Initial Case Management Conference, currently set for January 21, 2009, and related deadlines: AGREEMENT Pursuant to Civil Local Rule 6-2, the parties hereby stipulate as follows: Defendants CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO AND HILTON HOTEL CORPORATION will provide Plaintiff DOANE ATWOOD with a waiver of formal service of the Summons and Complaint by January 15, 2009. The Parties will Mediate this matter before Honorable Charles A. Legg (Ret.) by March 15, 2009. If Mediation is unsuccessful, Defendants CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO AND HILTON HOTEL CORPORATION respond to Plaintiff DOANE ATWOOD'S Complaint by March 30, 2009. The Initial Case Management Conference, currently set for January 21, 2009, will be continued according to this Court's timeline. /// /// 2
Case No. CV 08 5002 EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT

PROPOSED ORDER Based on the foregoing, and good cause so appearing, the Court hereby orders: 1. Defendants CITY OF SAN RAFAEL, CHIEF MATTHEW ODETTO, OFFICER

ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO AND HILTON HOTEL CORPORATION will provide Plaintiff DOANE ATWOOD with a waiver of formal service of the Summons and Complaint by January 15, 2009. 2. The Parties will Mediate this matter before Honorable Charles A. Legg (Ret.) by

March 15, 2009. 3. If Mediation is unsuccessful, Defendants CITY OF SAN RAFAEL, CHIEF

MATTHEW ODETTO, OFFICER ROLEGIO LEON, OFFICER ROBERT HENKEL, OFFICER RICHARD CLARY, OFFICER AARON PIOMBO AND HILTON HOTEL CORPORATION respond to Plaintiff DOANE ATWOOD'S Complaint by March 30, 2009. 4. The Initial Case Management Conference, currently set for January 21, 2009, is

4/15/09 at 1:30 p.m. hereby continued to _____________________. 5. The dates set forth in this Court's Order Setting Initial Case Management

Conference and ADR Deadlines are continued accordingly. 6. Defendants' rights to object to the jurisdiction of the Magistrate Judge and request

reassignment to a District Judge are reserved. IT IS SO ORDERED.

DATED:

March 16, 2009

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