Vinatieri v. Mosley et al

Filing 33

STIPULATION AND ORDER RE 32 TO CONTINUE CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT. Case Management Conference set for 7/21/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 4/11/11. (cl, COURT STAFF) (Filed on 4/11/2011)

*E-Filed 4/11/11*

1
2
3

JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, California 95811
Telephone: [phone]
Fax: [phone]

4
MARK A. JONES, State Bar #: 96494
5
Attorneys for Defendants: Aaron Mosley, Craig Wong, Cory Johnson, Oscar Ortiz, County of Napa
6
7

UNITED STATES DISTRICT COURT

8

NORTHER DISTRICT OF CALIFORNIA

9
10

PATRICK VINATIERI

)
)
vs.
)
)
)
AARON MOSLEY, CRAIG WONG, CORY
)
JOHNSON, OSCAR ORTIZ, COUNTY OF NAPA, )
MICHAEL VALLERGA, EILEEN McMULLEN,
)
ARNOLD VALLERGA and Does 1-25, inclusive, )
)
Defendants.
)
_________________________________________ )

NO. 3:10-CV-03854 RS

Plaintiff,

11
12
13
14
15

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
AS MODIFIED BY THE COURT
Date: April 21, 2011
Time: 10:00 a.m.
Judge: Honorable Richard Seeborg
Location: Courtroom: 3

16
17

The parties, by and through their counsel of record, hereby stipulate and agree as follows:

18

1.

The Case Management Conference is presently scheduled in this matter to be held on

19

April 21, 2011 at 10:00 a.m. Plaintiff was previously granted leave to file a first amended complaint,

20

and plaintiff did so. Defendants’ Aaron Mosley, Craig Wong, Cory Johnson, Oscar Ortiz and the

21

County of Napa filed a Motion to Dismiss the First Amended Complaint. The court heard oral

22

argument, took the matter under submission and thereafter issued its order granting Defendants’

23

Motion to Dismiss, with leave to amend as to five of the six causes of action in the first amended

24

complaint (Order filed April 7, 2011 - Document 27.) The court’s order requires plaintiff to amend

25

his first amended complaint within thirty days of the date of the order, if plaintiff intends to proceed.

26

2.

Plaintiff intends to file an amended complaint consistent with the court’s order. The

27

public entity defendants expect to file a further motion to dismiss once the amended complaint is

28

filed in light of the court’s order.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE M ANAGEM ENT CONFERENCE
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r to c o n tin u e C M C .w p d

-1-

1

3.

The parties believe that the Case Management Conference should be continued until

2

such time as the issues regarding the pleadings are resolved to enable the parties to be in a better

3

position to address time frames for discovery and trial. Accordingly, the parties stipulate to

4

continuing the Case Management Conference from April 21, 2011 to an appropriate date

5

approximately 90 days from that date and further stipulate that all dates attendant to the Case

6

Management Conference be likewise continued.

7

Dated: April 11, 2011

SCOTT LAW FIRM

8
9

BY:

10

/s/ John Houston Scott
John Houston Scott
Attorney for Plaintiff

11
Dated: April 11, 2011

JONES & DYER

12
13

BY:

14
15
16

Dated: April 11, 2011

/s/ Mark A. Jones
MARK A. JONES
Attorney for Defendants
Aaron Mosley, Craig Wong, Cory
Johnson, Oscar Ortiz, County of Napa

BABIN & SEEGER, LLP

17
BY:
18
19

/a/ Martin L. Seeger, IV
Martin L. Seeger, IV
Attorney for Defendant
Arnold Vallerga

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE M ANAGEM ENT CONFERENCE
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r to c o n tin u e C M C .w p d

-2-

1

[PROPOSED] ORDER

2

GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED:

3

1.

The Case Management Conference currently scheduled for April 21, 2011 at 10:00
21
a.m. is hereby continued by 90 days, or to July ___, 2011 at 10:00 a.m.; and

4
5

2.

All attendant dates have been continued by 90 days.
accordingly.

6
7

Date:

4/11/11

8

_______________________________
United States District Court Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE M ANAGEM ENT CONFERENCE
H :\M A J .c a se s\V in a tie r i v . M o se ly \P le a d in g s\S tip & O r d e r to c o n tin u e C M C .w p d

-3-