The Estate of Jerry A. Amaro III et al v. City of Oakland et al

Filing 75

STIPULATION AND ORDER CONTINUING HEARING DATE ON SJ MOTION TO FEBRUARY 18, 2010. Signed by Judge Alsup on December 23, 2009. (whalc1, COURT STAFF) (Filed on 12/23/2009)

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JOHN L. BURRIS (SBN #69888) LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, California 94621 [phone]; FAX [phone] Email: [e-mail] JAMES B. CHANIN (SBN# 76043) Law Offices of James B. Chanin 3050 Shattuck Avenue Berkeley, California 94705 [phone]; FAX: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE ESTATE OF JERRY A. AMARO III; GERALDINE MONTOYA; STEPHANIE MONTOYA; Plaintiffs, vs. ) ) CASE NO: C09-01019 WHA ) STIPULATION AND [PROPOSED] ) ORDER CONTINUING HEARING DATE ) ON DEFENDANTS' MOTION FOR ) SUMMARY JUDGMENT FROM ) JANUARY 28, 2010 TO FEBRUARY 18, ) 2010 AND EXTENDING THE TIME FOR ) PLAINTIFFS' OPPOSITION TO ) JANUARY 28, 2010 ) ) ) ) ) ) ) ) ) ) )

CITY OF OAKLAND, et al., Defendants.

Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order Continuing Hearing on Def. MSJ/Plaintiffs' Opposition Deadline 1

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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 WHEREAS, Plaintiffs' lead attorneys, John L. Burris and James B. Chanin, took and/or were present for all the depositions taken in the action relevant to opposing Defendants' motion for summary judgment, WHEREAS, Mr. Burris is currently out of the country and Mr. Chanin is in Florida on vacation; WHEREAS, Plaintiffs' opposition to Defendants' motion for summary judgment is currently due to be filed on January 7, 2010 and would require a substantial amount of work be performed in opposing the motion in the absence of both of Plaintiffs' lead counsel and over the Christmas and New Year's holidays; WHEREAS, this hearing date poses a substantial burden on Plaintiffs' given the absence of Plaintiffs' lead counsel from the State; WHEREAS, Plaintiffs' counsel made no arrangements with their respective staffs to be available to work on the motion opposition over the Christmas and New Year's holidays because they had no advance notice that the motion would be noticed for January 28, 2010; WHEREAS, a continuance of the hearing date of the motion to February 18, 2010 would still be within the Court's current dispositive motion hearing date deadline of March 11, 2010; THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD DO HEREBY STIPULATE AND AGREE THAT the hearing on Defendants' motion for summary judgment should be continued to February 18, 2010 and that the deadline for the filing of Plaintiffs' opposition should be extended to January 28, 2010. IT IS SO STIPULATED AND AGREED: Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order Continuing Hearing on Def. MSJ/Plaintiffs' Opposition Deadline 2

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Dated: December 22, 2009

_________/S/______________________ Julie M. Houk Attorney for Plaintiff _______/S/___________________ STEPHEN Q. ROWELL Attorney for City of Oakland Defendants _________/S/__________________ JAMES HIGA Attorney for Defendant Edward Poulson
ISTRIC ES D TC AT T

Dated: December 23, 2009

Dated: December 22, 2009

UNIT ED

PURSUANT TO STIPULATION, IT IS SO ORDERED. PURSUANT TO STIPULATION, IT IS SO ORDERED: December 23 Dated:______________, 2009

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_______________________________ WILLIAM H. ALSUPe William Alsup WILLIAM ALSUP Judg Judge of the United States JUDGE UNITED STATES DISTRICT District Court E R C
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Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order Continuing Hearing on Def. MSJ/Plaintiffs' Opposition Deadline 3

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