Ottovich v. City of Fremont et al

Filing 52

ORDER GRANTING STIPULATION CONTINUING HEARING DATE FOR MOTION TO DISMISS. The parties' stipulation to continue the hearing on defendants' motion to dismiss from August 20, 2010 to September 3, 2010 is granted. Signed by Judge Maxine M. Chesney on August 6, 2010. (mmclc2, COURT STAFF) (Filed on 8/6/2010)

Ottovich v. City of Fremont et al

Doc. 52

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

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 CONTINUING HEARING DATE FOR MOTION TO DISMISS

Pursuant to Civil Local Rules 6-1 and 7-7 and the Court's Standing Orders for Civil Cases, the parties to this action, through their counsel of record, hereby stipulate and request that the hearing date for the motion to dismiss filed by defendants Veterans Administration Palo Alto Health Care System and United States of America (collectively "Federal Defendants") be continued from August 20, 2010 to September 3, 2010. Plaintiffs' opposition to the Federal Defendants' motion was due on July 30, 2010. On the afternoon of August 4, 2010, plaintiff's counsel sent an e-mail to Federal Defendants' counsel apologizing for missing the deadline, stating that he had just gotten out of trial, and requesting additional time to file the opposition. Federal Defendants' counsel agreed to allow more time if the hearing date was continued to Friday, September 3, 2010. Federal Defendants'

S T IP U L A T IO N C O N T IN U IN G M O T IO N H E A R IN G D A T E C a s e N o . C 0 9 -4 1 8 1 M M C

Dockets.Justia.com

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

counsel is currently scheduled to be in court in the San Jose Division of this Court on Friday, August 27, so a one week extension in the hearing date is not workable. Respectfully submitted, DATED: August 6, 2010 JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier CLAIRE T. CORMIER1 Assistant United States Attorney DATED: August 5, 2010 /s/ Craig H. Mar CRAIG H. MAR Attorney for Plaintiffs

[PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the hearing date for the motion to dismiss filed by the Federal Defendants is continued to September 3, 2010 at 9:00 a.m. Any opposition to the motion is now due 21 days before the hearing, and the optional reply is due 14 days before the hearing. IT IS SO ORDERED.

DATE: ________________________ August 6, 2010

________________________________________ MAXINE M. CHESNEY United States District Court Judge

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.
S T IP U L A T IO N C O N T IN U IN G M O T IO N H E A R IN G D A T E 2 C a s e N o . C 0 9 -4 1 8 1 M M C

1