Buenrostro et al v. City of Oakland et al

Filing 59

ORDER GRANTING 58 Stipulation TO EXTEND THE DEADLINE FOR DISMISSAL OF ACTION. Signed by Judge JEFFREY S. WHITE on 10/19/10. (jjoS, COURT STAFF) (Filed on 10/19/2010)

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Buenrostro et al v. City of Oakland et al Doc. 59 Case3:09-cv-00786-JSW Document58 Filed10/18/10 Page1 of 3 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 John L. Burris, Esq. SB#69888 LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Ste 1120 Oakland, CA 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 Steven R. Yourke, Esq. Law Office of Steven R. Yourke 7677 Oakport Street, Ste 1120 Oakland, CA 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 Attorneys for Plaintiffs Jose Buenrostro, Sr. and Maria Buenrostro UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE BUENROSTRO, SR. INDIVIDUALLY ) AND AS SUCCESSOR IN INTEREST TO ) ) JOSE BUENROSTRO, JR. AND MARIA ) BUENROSTRO, INDIVIDUALLY AND AS ) ) SUCCESSOR IN INTEREST TO JOSE ) BUENROSTRO, JR. , ) ) PLAINTIFFS, ) vs. ) ) CITY OF OAKLAND, A MUNICIPAL ) ) CORPORATION; ET AL. ) ) ) DEFENDANTS. ) ) ) Case No.: 3:09-cv-00786 JSW REQUEST TO EXTEND THE DEADLINE FOR DISMISSAL OF ACTION AND (PROPOSED) ORDER On September 1, 2010, the parties filed an Amended Request to Extend the Deadline for Dismissal of Action and (Proposed) Order to extend the deadline for dismissal of the instant matter from September 1, 2010 by 45 days or until October 16, 2010. (AMENDED) REQUEST TO EXTEND DEADLINE FOR DISMISSAL OF ACTION Case No.: 3:09-cv-00786 JSW 1 Dockets.Justia.com Case3:09-cv-00786-JSW Document58 Filed10/18/10 Page2 of 3 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 On September 2, 2010, the Court granted the parties request for a 45 day extension or until October 16 2010, with the provision thereafter the matter will be dismissed in its entirety with prejudice, provided, however, that if any party hereto shall certify to this Court that the agreed consideration for said settlement has not been delivered over, the foregoing Order shall stand vacated and this case shall forthwith be restored to the calendar to be set for trial. On September 21, 2010, the instant matter was heard by the City of Oakland City Council. However, the Council did not approve the settlement. On October 19, 2010, Mr. Randolph Hall, the Chief Assistant City Attorney for the City of Oakland is scheduled to reconvene with the City Council in closed session, to further discuss the City Attorney's recommendation to settle the Buenrostro Matter in the amount agreed upon by the parties at mediation, contingent on approval by the Oakland City Council. In light of the continued efforts to negotiate the approval of the settlement and the matter being heard by the Oakland City Council on October 19, 2010, the parties request a 15 day extension from October 19, 2010 to November 3, 2010, thereafter, the matter will be dismissed in its entirety with prejudice, provided, however, that if any party hereto shall certify to this Court that the agreed consideration for said settlement has not been delivered over, the foregoing Order shall stand vacated and this case shall forthwith be restored to the calendar to be set for trial. Dated: October 15, 2010 LAW OFFICES OF JOHN L. BURRIS /s/ John L. Burris John L. Burris, Esq. Steven R. Yourke, Esq. Attorneys for Plaintiffs (AMENDED) REQUEST TO EXTEND DEADLINE FOR DISMISSAL OF ACTION Case No.: 3:09-cv-00786 JSW 2 Case3:09-cv-00786-JSW Document58 Filed10/18/10 Page3 of 3 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 Dated: October 15, 2010 OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND /s/ Randolph W. Hall Randolph W. Hall, Esq. Assistant City Attorney, City of Oakland Attorney for Defendants Dated: October 18, 2010 RANKIN SPROAT MIRES BEATY & REYNOLDS /s/ Geoffrey A. Beaty Geoffrey A. Beaty, Esq. Attorney for Defendants (PROPOSED) ORDER GOOD CAUSE APPEARING, the deadline by which the Buenrostro matter is dismissed is extended 15 days beyond October 19, 2010 or until November 3, 2010, thereafter, the matter will be dismissed in its entirety with prejudice, provided, however, that if any party hereto shall certify to this Court that the agreed consideration for said settlement has not been delivered over, the foregoing Order shall stand vacated and this case shall forthwith be restored to the calendar to be set for trial. Dated: October 19, 2010 Honorable Jeffrey S. White United States District Court (AMENDED) REQUEST TO EXTEND DEADLINE FOR DISMISSAL OF ACTION Case No.: 3:09-cv-00786 JSW 3

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