Ottovich v. City of Fremont et al

Filing 9

ORDER APPROVING STIPULATION, WITH ONE EXCEPTION, TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND CASE MANAGEMENT CONFERENCE. The hearing on the Motion to Dismiss is continued from October 30, 2009 to December 4, 2009 at 9:00 a.m. The initial Case Management Conference is continued from December 18, 2009 to February 12, 2010 at 10:30 a.m. Signed by Judge Maxine M. Chesney on October 16, 2009. (mmclc2, COURT STAFF) (Filed on 10/16/2009)

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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 25 26 27 28 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: (415) 353-0999 Facsimile: (415) 353-0990 Harvey E. Levine, Esq., State Bar No. 61880 City Attorney City of Fremont 3300 Capitol Avenue PO Box 5006 Fremont, CA 94537-5006 Telephone: (510) 284-4030 Facsimile: (610) 284-4031 Attorneys for Defendant CITY OF FREMONT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARK OTTOVICH, vs. Plaintiff, Case No.: CV09-4181 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND CASE MANAGEMENT CONFERENCE CITY OF FREMONT, et al., Defendants. IT IS HEREBY STIPULATED by the parties hereto, Defendant CITY OF FREMONT through its attorneys of record and pro se plaintiff MARK OTTOVICH, that defendant's Motion to Dismiss plaintiff's Complaint, currently set for October 30, 2009 be continued to November 18, 2009. In addition the parties request that the initial Case Management Conference be continued from its current date of December 18, 2009 to the date of February 12, 2010 at 10:30 a.m. The time line for plaintiff's opposition brief and defendant's reply brief to be adjusted accordingly. The dates for submission of the joint cmc statement and Rule 26 disclosures to be adjusted accordingly. Good cause exists for these continuances in that plaintiff pro se has been interviewing legal counsel who may represent him in the above captioned matter. The requested extension of time will allow him to 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE 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 either retain counsel or proceed on his own. Dated: October 13, 2009 By: BERTRAND, FOX & ELLIOT /s/ Gregory M. Fox Arlene C. Helfrich Attorneys for Defendant CITY OF FREMONT Dated: October 13, 2009 By: /s/ Mark Ottovich, Pro Se Plaintiff ORDER Good cause appearing, THE STIPULATION IS SO ORDERED. with the exception that the new hearing date on the Motion shall be December 4, 2009. All other dates are as stipulated. October 16, 2009 Dated: ___________________, 2009 __________________________________________ Honorable Maxine M. Chesney UNITED STATES DISTRICT COURT JUDGE 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. Dated: October 13, 2009 /s/ Gregory M. Fox 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE

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