Haynie et al v. City of Pleasanton et al

Filing 37

ORDER granting motion to relate case and setting 8/5/11 @ 2:30 p.m. for the initial case management conference. (tf, COURT STAFF) (Filed on 6/8/2011)

1 Donald E. J. Kilmer, Jr. [SBN: 179986]
LAW OFFICES OF DONALD KILMER
2 1645 Willow Street, Suite 150
San Jose, California 95125
3 Voice: [phone]
Fax: [phone]
4 E-Mail: [e-mail]
5 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO / OAKLAND DIVISION

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Case No.: CV 10 1255 SI

MARK AARON HAYNIE, THE
CALGUNS FOUNDATION, INC.,
and THE SECOND AMENDMENT
FOUNDATION, INC.,

STIPULATION and JOINT
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES
SHOULD BE RELATED

Plaintiffs,

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ND CA Rule 7-11
ND CA Rule 3-12(b)

vs.
KAMALA HARRIS, Attorney General
of California (in her official capacity)
and CALIFORNIA DEPARTMENT
OF JUSTICE, and DOES 1 TO 20,
Defendants.

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IT IS HEREBY STIPULATED by and between the parties hereto through

23 their respective attorneys of record that a subsequent case is and ought to be
24 related to this action.
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The subsequent case is Richards, et al., v. Harris, et al., Case No.: CV-11-

26 2493 LB. The case was filed on May 20, 2011. A true and correct copy of the
27 Complaint is attached as Exhibit A. A Notice of Related Case was also filed in that
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

28 action and is attached as Exhibit B.
Stipulation: Related Case

Page 1 of 3

Haynie v Harris

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The Defendants, by and through undersigned counsel stipulate that the cases

2 are related pursuant to Local Rule 3-12.
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The Plaintiffs, by and through undersigned counsel stipulate that the cases

4 are related pursuant to Local Rule 3-12.
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The earlier action Haynie, et al., v. Harris, et al., was set for a motion to

6 dismiss that was originally set on June 10, 2011, but which has been reset to
7 August 5, 2011 at 9:00 a.m.
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The parties stipulated that there is not prejudice to either party or the

9 pending motion if the cases are related.
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SO STIPULATED.

11 Date: June 1, 2011

Date: June 1, 2011

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/s/
13 Ross Moody, Counsel for Defendant

/s/
Donald Kilmer, Counsel for Plaintiffs

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ATTESTATION FOR COMPLIANCE WITH GENERAL ORDER 45 AND
LOCAL RULE VIII.B.

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I, Donald Kilmer, declare under penalty of perjury under the laws of California
and the United States that I have in my possession e-mail correspondence from
Ross Moody that the content of this document is acceptable to all persons required
to sign the document. I declare that this document was signed in San Jose, CA on
June 1, 2011.

/s/
22 Donald Kilmer of
Law Offices of Donald Kilmer, APC
23 for Plaintiffs
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Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

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Stipulation: Related Case

Page 2 of 3

Haynie v Harris

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FINDINGS AND ORDER

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Pursuant to the stipulation of the parties and a review the Complaint in

3 Richards v. Harris, Case No.: CV 11-2493 LB, and the First Amended Complaint in
4 this action, this Court finds that the matters are related under Local Rule 3-12.
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The Clerk of the Court is directed to reassign Richards v. Harris, Case No.:

6 CV 11-2493 LB to the same docket as Haynie v. Harris, Case No.: CV 10-1255 SI.
7 All deadlines in the Richards case are vacated and an Initial Case Management
8 Conference is set for August 5, 2011 concurrently with the Case Management
9 Conference in the Haynie matter.
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Plaintiffs are directed to serve a copy of this Stipulation and Order on the

11 remaining Defendants in the Richards case.
12 Date: 6/7/11
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United States District Judge

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Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

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Stipulation: Related Case

Page 3 of 3

Haynie v Harris