Bucheit v. Dennis et al

Filing 321

STIPULATION AND ORDER continuing the hearing on 304 MOTION for Attorney Fees to 11/16/2012 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed by Judge Joseph C. Spero on 07/03/2012. (rbe, COURT STAFF) (Filed on 7/3/2012)

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Amitai Schwartz (State Bar No. 55187)
Moira Duvernay (State Bar No. 233279)
Law Offices of Amitai Schwartz
Watergate Towers
2000 Powell Street, Suite 1286
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff

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JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282)
By: Brian Wong, (SBN 226940 )
8 Hall of Justice and Records
400 County Center, 6th Floor
9 Redwood City, CA 94063
Telephone: [phone]
10 Facsimile: [phone]
E-mail: [e-mail]
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Attorneys for Defendant
COUNTY OF SAN MATEO

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JONATHAN V. BUCKHEIT,
Plaintiff,

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v.
TONY DENNIS, et al.,
Defendants.

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Case No. Civ 09-05000 JCS
STIPULATION TO CONTINUE
HEARING DATE ON DEFENDANT
COUNTY OF SAN MATEO’S
MOTION FOR ATTORNEY’S FEES
FROM SEPTEMBER 7, 2012, TO
NOVEMBER 16, 2012.
PROPOSED ORDER
Date: September 7, 2012
Time: 9:30 a.m.
Place: Courtroom G, 15th Floor

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Hon. Joseph C. Spero

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Stipulation to Continue Motion for Attorneys’ Fees
Proposed Order
Case Civ. No. 09-05000 JCS

WHEREAS defendant, County of San Mateo, filed a motion for attorney’s

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fees pursuant to 42 U.S.C. § 1988 and a bill of costs on May 2, 2012.

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WHEREAS plaintiff intends to oppose the motion for attorney’s fees.

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WHEREAS, the court previously continued the hearing on the motion for

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fees to September 7, 2012, following a motion by plaintiff to continue the date.
WHEREAS, plaintiff filed a notice of appeal on May 4, 2012 and has

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pending in the Ninth Circuit Court of Appeals an appeal from this court’s order

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granting and denying summary judgment.
WHEREAS, the parties1 are working with a Ninth Circuit mediator in an

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attempt to reach a global settlement of all outstanding issues between them,

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including the motion for attorneys’ fees pending before this court.

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And, WHEREAS the Ninth Circuit mediator will be setting the mediation

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for September 7, 2012 and will stay all proceedings in the Ninth Circuit pending

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the conclusion of mediation.

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THEREFORE plaintiff and defendant, County of San Mateo, hereby

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stipulate, through their counsel of record, as follows, subject to the approval of the

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court:
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The parties agree to continue the hearing date on defendant’s motion

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for attorney’s fees, costs, and sanctions from September 7, 2012 , to November 16,

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at 9:30 a.m..
2.

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The parties further agree that plaintiff may, if necessary, file his

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papers in opposition to the motion for attorneys’s fees, costs, and sanctions on or

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before October 5, 2012;

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The City of Atherton defendants have withdrawn their motion for attorneys’
28 fees following settlement with plaintiff.
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Stipulation to Continue Motion for Attorneys’ Fees
Proposed Order
Case Civ. No. 09-05000 JCS

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The parties further agree that defendant may, if necessary, file its

reply papers on or before November 2, 2012.

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IT IS SO STIPULATED.

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Dated: July 2, 2012

Amitai Schwartz
Attorney for Plaintiff
Jonathan Buckheit

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/s/ Amitai Schwartz

Dated:

JOHN C. BEIERS, COUNTY COUNSEL

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By:
Brian Wong, Deputy
Attorneys for Defendant
COUNTY OF SAN MATEO

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ORDER

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Upon the stipulation of the parties, and for good cause, it is hereby

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ORDERED that the hearing on defendant County of San Mateo’s motion and

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claims for attorneys’ fees, costs, and sanctions is continued from September 7,

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2012 to November 16, 2012 at 9:30 a.m.

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Defendant’s Reply shall be due on or before November 2, 2012.
IT IS SO ORDERED.
Dated:

07/03/2012

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S DISTRICT
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UNIT
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Joseph C. Spero
United States Magistrate Judge

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sep
Judge Jo

Stipulation to Continue Motion for Attorneys’ Fees
Proposed Order
Case Civ. No. 09-05000 JCS

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Plaintiff’s Opposition shall be due on or before October 5, 2012.

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