Ottovich v. City of Fremont et al

Filing 124

STIPULATION AND ORDER TO CONTINUE HEARING DATE ON PLAINTIFF MARK OTTOVICH'S MOTIONS FOR RELIEF FROM DISCOVERY SANCTIONS AND MOTION TO RE-OPEN DISCOVERY; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The hearing date on plaintiff's m otion to reopen discovery and motion to reconsider sanctions is continued from May 31, 2013 to June 28, 2013. The Case Management Conference is continued from June 28, 2013 to July 26, 2013. Signed by Judge Maxine M. Chesney on May 10, 2013. (mmclc2, COURT STAFF) (Filed on 5/10/2013) (Additional attachment(s) added on 5/10/2013: # 1 Certificate of Service) (tlS, COURT STAFF).

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Gregory M. Fox, State Bar No. 070876
Arlene C. Helfrich, State Bar No. 096461
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
Harvey E. Levine, Esq., State Bar No. 61880
City Attorney City of Fremont
3300 Capitol Avenue
PO Box 5006
Fremont, CA 94537-5006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant CITY OF FREMONT
KEITH FARMER, KENNETH HEININGE,
MARK DANG, RICARDO CORTES, WILLIAM SETTLE.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: CV09-4181 MMC

MARK OTTOVICH AND HARVEY
OTTOVICH,

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE HEARING DATE ON
PLAINTIFF MARK OTTOVICH’S
MOTIONS FOR RELIEF FROM
DISCOVERY SANCTIONS AND MOTION
TO RE-OPEN DISCOVERY;
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE

Plaintiffs,
vs.
CITY OF FREMONT, et al.,
Defendants.

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IT IS HEREBY STIPULATED by the parties hereto, defendant CITY OF FREMONT and its

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individual defendant officers by and through their attorneys of record, Gregory M. Fox, and plaintiff

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pro se MARK OTTOVICH, that the date currently set for hearing plaintiff’s Motion to Re-open

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Discovery and Motion to Reconsider Sanctions and to Vacate Order of November 16, 2012 be

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continued from May 31, 2013 at 9:00 a.m. to the date of the next scheduled Case Management

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Conference on June 28, 2013, at 10:30 a.m.

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Good cause exists for this continuance in that plaintiff pro se Mark Ottovich has a calendar
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR PLAINTIFF’S MOTION TO
RECONSIDER DISCOVERY SANCTIONS AND TO RE-OPEN DISCOVERY

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conflict with the currently scheduled May 31, 2013 hearing date. Counsel for defendants has no

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objection to continuing the hearing on plaintiffs’ motions until the CMC date. Opposition and Reply

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filing dates are re-scheduled June 7 and June14, 2013 respectively.

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Respectfully submitted.
Dated: May 7, 2013

BERTRAND, FOX & ELLIOT

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By:

/s/
Gregory M. Fox
Attorneys for Defendant CITY OF FREMONT

By:

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/s/
Plaintiff Pro Se MARK OTTOVICH

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Dated: May 7, 2013

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ATTORNEY ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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conformed signature (“/s/”) within this E-filed document.

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Dated: May 7, 2013

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/s/
Gregory M. Fox
ORDER

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Good cause appearing, the date for the hearing on plaintiff’s Motion to Re-open Discovery

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and Motion to Reconsider Sanctions and to Vacate Order of November 16, 2012 is CONTINUED

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from May 31, 2013 at 9:00 a.m. to June 28, 2013, at 9:00 a.m. Opposition and Reply filing dates are

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re-scheduled to June 7 and June14, 2013 respectively. As a meaningful Case Management

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Conference cannot be held while said motions are pending, the Case Management Conference is

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CONTINUED to July 26, 2013.

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SO ORDERED.

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May 10
Dated: ___________________, 2013
__________________________________________
Honorable Maxine M. Chesney
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR PLAINTIFF’S MOTION TO
RECONSIDER DISCOVERY SANCTIONS AND TO RE-OPEN DISCOVERY