Ottovich v. City of Fremont et al

Filing 44

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Maxine M. Chesney on April 29, 2010. (mmclc2, COURT STAFF) (Filed on 4/29/2010)

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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.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARK OTTOVICH AND HARVEY OTTOVICH, Plaintiffs, vs. CITY OF FREMONT, et al., Defendants.

Case No.: CV09-4181 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

IT IS HEREBY STIPULATED by the parties hereto, defendant CITY OF FREMONT and its individual defendant officers and plaintiffs MARK and HARVEY OTTOVICH, by and through their attorneys of record, that the initial Case Management Conference be continued from its current date of May 7, 2010 at 10:30 a.m., to Friday June 25, 2010 at 10:30 am with the dates for submission of the joint Case Management Conference Statement and Rule 26 disclosures to be adjusted accordingly to Friday June 18th, 2010. Good cause exists for this continuance in that defendant City of Fremont's counsel, Gregory
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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Fox, has filed a motion to dismiss the Third Amended Complaint in the above captioned matter on behalf of the City of Fremont and said motion is scheduled for a hearing on Friday June 4, 2010. In addition the Third Amended Complaint continues to name as individual defendants the Veterans Administration Palo Alto Health Care System and Veterans Administration Palo Alto Health Care Systems Employee Joanie Drobrick Patient Advocate. On information and belief the

Assistant United States Attorney who will represent these defendants has informed Mr. Fox that her clients have not seen served as of today's date and thus the case is not at-issue and it would be premature to hold a case management conference until all parties named in the Third Amended Complaint have answered and appeared in this action. Respectfully submitted.

Dated: April 28, 2010 By:

BERTRAND, FOX & ELLIOT /s/ Gregory M. Fox Attorneys for Defendant CITY OF FREMONT

Dated: April 28, 2010 By: /s/ Craig H. Mar Attorney for Plaintiff MARK, HARVEY OTTOVICH

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ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document.

/s/ Gregory M. Fox

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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ORDER Good cause appearing,

THE STIPULATION IS SO ORDERED.

April 29, 2010 Dated: ___________________, 2010 __________________________________________ Honorable Maxine M. Chesney UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE