Ottovich v. City of Fremont et al

Filing 49

ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Defendant VAPAHCS shall have an extension of time to and including July 16, 2010 to answer, move, or otherwise respond to the Third Amended Complaint. The Case Management Conference is continued from June 25, 2010 to October 8, 2010; all related dates are continued accordingly. Signed by Judge Maxine M. Chesney on June 10, 2010. (mmclc1, COURT STAFF) (Filed on 6/10/2010)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CSBN 154364) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant Veterans Administration Palo Alto Health Care System UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARK OTTOVICH, HARVEY OTTOVICH, individuals, Plaintiffs, v. CITY OF FREMONT, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 09-4181 MMC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING VACATING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

Pursuant to Civil Local Rule 6-1, the parties to this action, through their counsel of record, hereby stipulate that defendant Veterans Administration Palo Alto Health Care System ("VAPAHCS") may have an extension of time to and including July 16, 2010, to answer, move, or otherwise respond to the complaint. Counsel for VAPAHCS has advised plaintiffs' counsel that VAPAHCS anticipates filing a motion to dismiss for hearing on August 20, 2010. Counsel for VAPAHCS is informed and believes that individually named defendant "Veterans Administration Palo Alto Health Care System Employee Joanie Drobrick Patient Advocate" ("Drobrick") has not yet been properly served. Counsel for VAPAHCS does not yet officially represent Drobrick, but counsel //

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for VAPAHCS anticipates that the motion to dismiss filed on behalf of VAPAHCS will also address the claims against Drobrick. This case is currently scheduled for a case management conference on June 25, 2010. Because of the anticipated motion to dismiss, and because counsel for VAPAHCS will be on vacation on June 25, 2010, the parties hereby STIPULATE AND REQUEST that the currently scheduled case management conference, as well as the related deadlines relating to alternative dispute resolution and Rule 26 disclosures, be vacated and that the Court set a new schedule for those matters after ruling on VAPAHCS's motion to dismiss. Respectfully submitted, DATED: June 8, 2010 JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier CLAIRE T. CORMIER1 Assistant United States Attorney DATED: June 7, 2010 /s/ Craig H. Mar CRAIG H. MAR Attorney for Plaintiffs DATED: June 7, 2010 BERTRAND, FOX & ELLIOT /s/ Gregory M. Fox GREGORY M. FOX Attorneys for Defendant CITY OF FREMONT

[PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that defendant Veterans Administration Palo Alto Health Care System ("VAPAHCS") shall have an extension of time to and including July 16, 2010 to answer, move, or otherwise respond to the third amended complaint in this action.

I, Claire T. Cormier, hereby attest that I have on file all holographic signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
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IT IS FURTHER ORDERED that the case management conference, previously is CONTINUED to October 8, 2010. All related dates are scheduled for June 25, 2010, and related deadlines are hereby VACATED. The Court will issue an order rescheduling the case management conference after the hearing on VAPAHCS's anticipated motion to dismiss. IT IS SO ORDERED. CONTINUED accordingly.

June 10, 2010 DATE: ________________________

________________________________________ MAXINE M. CHESNEY United States District Court Judge

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