Haynie et al v. City of Pleasanton et al

Filing 48

ORDER Re: Related Case by Calguns Foundation (tfS, COURT STAFF) (Filed on 12/21/2011)

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1 2 3 4 Donald E.J. Kilmer, Jr. (SBN: 179986) LAW OFFICES OF DONALD KILMER, A.P.C. 1645 Willow Street, Suite 150 San Jose, California 95125-5120 Voice: (408) 264-8489 Fax: (408) 264-8487 Email: Don@DKLawOffice.com 8 Jason A. Davis (SBN: 224250) Davis & Associates 27281 Las Ramblas, Suite 200 Mission Viejo, CA 92691 Voice: (949) 310-0817 Fax: (949) 288-6894 E-Mail: Jason@CalGunLawyers.com 9 Attorneys for Plaintiffs 5 6 7 10 11 UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 MARK AARON HAYNIE, BRENDAN JOHN RICHARDS, THE CALGUNS FOUNDATION, INC., and THE SECOND AMENDMENT FOUNDATION, INC., 17 Plaintiffs, Case No.: 3:10-CV-01255 SI1 3:11-CV-02493 SI STIPULATION and JOINT ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED ND CA Rule 7-11 ND CA Rule 3-12(b) 18 vs. 19 20 21 22 23 KAMALA HARRIS, Attorney General of California (in her official capacity) and CALIFORNIA DEPARTMENT OF JUSTICE, CITY OF ROHNERT PARK, OFFICER DEAN BECKER (RP134) and DOES 1 TO 20, 24 Proposed Related Case: Richards, et al v. Harris, et al. Case No.: 3:11-CV-05580 LB Filed November 17, 2011 Defendants. 25 26 27 28 1 Haynie v. Harris, Case No.: 3:10-CV-01255 SI was ordered consolidated with Richards v. Harris, Case No.: 3:11-CV-02493 SI, in an ordered filed on October 22, 2011. (See Documents # 42 and #15 respectively.) Stipulation/Order: Related Case Page 1 of 3 Haynie v. Harris 1 IT IS HEREBY STIPULATED by and between the parties hereto through 2 their respective attorneys of record that a subsequent case is and ought to be related 3 to this action. 4 The subsequent case is Richards, et al., v. Harris, et al., Case No.: CV-11-5580 5 LB. The case was filed on November 17, 2011. A true and correct copy of the 6 Complaint without exhibits is attached. A Notice of Related Case was also filed in 7 the subsequent case. 8 The case sought to be related sets forth similar issues of law and fact set forth 9 in the consolidated Second Amended Complaint in the current action. The only 10 substantial difference would be the addition of Defendants: SONOMA COUNTY 11 SHERIFFS’ OFFICE and SHERIFFS’ DEPUTY GREG MYERS. 12 13 14 15 16 The Defendants, by and through undersigned counsel stipulate that the cases are related pursuant to Local Rule 3-12. The Plaintiffs, by and through undersigned counsel stipulate that the cases are related pursuant to Local Rule 3-12. A Case Management Conference is currently scheduled in the current matter 17 for January 13, 2012 at 3:00 p.m. in Courtroom 10, 19th Floor, San Francisco. The 18 parties herein respectfully suggest that the Court reset this conference to date in 19 February, 2012. 20 SO STIPULATED. 21 Date: December 16, 2011 Date: December 16, 2011 22 /s/ Ross Moody, Counsel for Defendants Harris & California Dept. of Justice /s/ Donald Kilmer Counsel for Plaintiffs 23 24 25 Date: December 16, 2011 26 /s/ Robert W. Henkels County for Defendants City of Rohnert Park & Becker 27 28 Stipulation/Order: Related Case Page 2 of 3 Haynie v. Harris 1 2 3 4 ATTESTATION FOR COMPLIANCE WITH GENERAL ORDER 45 AND LOCAL RULE VIII.B. 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 and Robert Henkels 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 December 16, 2011 5 6 /s/ Donald Kilmer Attorney for Plaintiffs 7 8 9 FINDINGS AND ORDER 10 Pursuant to the stipulation of the parties and a review of the Complaint in LAW OFFICE OF DONALD KILMER, APC 1645 Willow St., Suite 150, San Jose, CA 95125 Vc: (408) 264-8489 Fx: (408) 264-8487 Don@DKLawOffice.com 11 12 Richards v. Harris, Case No.: CV 11-05580 LB, and the Amended Consolidated Complaint in this action, this Court finds that the matters are related under Local 13 Rule 3-12. 14 The Clerk of the Court is directed to reassign Richards v. Harris, Case No.: CV 15 16 17 11-05580 LB to the same docket as Haynie v. Harris, Case No.: CV 10-1255 SI and Richards v. Harris, Case No.: CV-11-02493. All deadlines in the second Richards case are vacated and an Initial Case Management Conference is to be combined with 18 the currently scheduled Case Management Conference in this matter set for 19 January 13, 2012 at 3:00 p.m. in Courtroom 10, 19th Floor, San Francisco. 20 Plaintiffs are directed to serve a copy of this Stipulation and Order on the 21 22 23 remaining Defendants in Richards v. Harris, Case Number: 3:11-CV-05580 LB (the second Richards case). Date: 24 12/19/11 25 United States District Judge 26 27 28 Stipulation/Order: Related Case Page 3 of 3 Haynie v. Harris

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