Haynie et al v. City of Pleasanton et al

Filing 78

ORDER Further Case Management Conference set for 6/21/13 is continued to 9/6/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco. Signed by Judge Susan Illston on 6/17/13., Motions terminated: 77 STIPULATION WITH PROPOSED ORDER to reset Case Management Conference filed by Second Amendment Foundation, Inc., Mark Aaron Haynie, Calguns Foundation, Inc., Brendan John Richards. (tfS, COURT STAFF) (Filed on 6/18/2013)

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 Jason A. Davis [SBN: 224250]
Davis & Associates
6 27201 Puerta Real, Suite 300
Mission Viejo, CA 92691
7 Voice: [phone]
Fax: [phone]
8 E-Mail: [e-mail]
9 Attorneys for Plaintiffs
10

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14
15

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

20
21

STIPULATION and JOINT
ADMINISTRATIVE MOTION and
PROPOSED ORDER
Re: Case Management
CURRENT CMC:

JUNE 21, 2013

PROPOSED CMC:

vs.

17

19

3:10-CV-01255 SI

Plaintiffs,

16

18

Case No.:

SEPTEMBER 6, 2013

KAMALA HARRIS, Attorney General
of California, CALIFORNIA
DEPARTMENT OF JUSTICE, CITY
OF ROHNERT PARK, and OFFICER
DEAN BECKER (RP134)
Defendants.

22
23

IT IS HEREBY STIPULATED by and between the parties hereto through

24 their respective attorneys of record that the pending Case Management Conference
25 currently set for June 21, 2013 in Courtroom 10, 19th Floor of the U.S. District
26 Court for the Northern District of California should be reset.
27
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

The Rohnert Park Defendants and the Plaintiffs are still engaged in earnest

28 self-directed settlement discussions.
CMC Stipulation & Order

Page 1 of 3

Haynie, et al. v. Harris, et al.

1

If a settlement can be reached, then the remaining parties (California

2 Department of Justice and the Plaintiffs) will proceed with setting hearing dates for
3 dispositive motions at the next Case Management Conference.
4

Furthermore, the Plaintiffs and the California Department of Justice are

5 aware that several bill have been introduced in the State Legislature that may
6 moot this case or require amendments to the pleadings. Several of those bills have
7 passed at least one legislative house and are pending in the other. Those parties
8 may seek another continuance and/or stay to conserve resources of the parties and
9 the Court.
10

The parties propose that the Court reset the Case Management Conference to

11 September 6, 2013 in order to give the parties engaged in settlement discussions
12 the time necessary to conclude that process or to request formal ADR assistance
13 from the Court.
14 SO STIPULATED.
15 Date: June 14, 2013

Date: June 14, 2013

/s/
Mark Beckington
17 Supervising Deputy Attorney General
for Ross Moody,
18 Counsel for Defendants
Harris & California Dept. of Justice
19
Date: June 14, 2013
20
/s/
21 Robert W. Henkels
Counsel for Defendants
22 City of Rohnert Park & Becker

/s/

16

Donald Kilmer
Counsel for Plaintiffs

23
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
25 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
26 all persons required to sign the document. I declare that this document was signed
in San Jose, CA on June 14, 2014.
27
/s/
28 Donald Kilmer, Attorney for Plaintiffs
24

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

CMC Stipulation & Order

Page 2 of 3

Haynie, et al. v. Harris, et al.

ORDER

1
2

The Case Management Conference currently set for June 21, 2013 is reset to:

9/6/13
3:00 p.m.
3 (Date) _____________________________, at (Time): _____________, in Courtroom 10,
4 19th Floor of the U.S. District Court for the Northern District of California – San
5 Francisco. A Joint Case Management Conference Statement shall be filed seven (7)
6 calendar days before the new date.
7 Date: 6/17/13
8
United States District Judge
9
10

No further continuances will be granted.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

28
CMC Stipulation & Order

Page 3 of 3

Haynie, et al. v. Harris, et al.