Heyer v. Governing Board of the Mt. Diablo Unified School District et al

Filing 5

ORDER VACATING ALL CMC-RELATED DEADLINES AND EXTENDING DEFENDANTS' TIME TO FILE RESPONSIVE PLEADING. Signed by Judge Maria-Elena James on 12/3/2010. (mejlc1, COURT STAFF) (Filed on 12/3/2010)

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Heyer v. Governing Board of the Mt. Diablo Unified School District et al Doc. 5 1 Roy A. Combs, SBN 123507 rcombs@fagenfriedman.com 2 Joshua A. Stevens, SBN 228239 jstevens@fagenfriedman.co m 3 FAGEN FRIEDMAN & FULFROST, LLP 70 Washington Street, Suite 205 4 Oakland, California 94607 Phone: 510-550-8200 5 Fax: 510-550-8211 6 Attorneys for Defendants GOVERNING BOARD OF THE MOUNT DIABLO UNIFIED 7 SCHOOL DISTRICT, ALAN YOUNG, and JOHN MCMORRIS 8 9 10 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 Fax: 510-550-8211 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION Fagen Friedman & Fulfrost, LLP 11 12 RICHARD HEYER, 13 14 vs. Plaint iff, CASE NO. CV10-4525-MEJ JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, AND OTHER CASE DEADLINES 15 GOVERNING BOARD OF THE MOUNT DIABLO UNIFIED SCHOOL DISTRICT 16 ALAN YOUNG, JOHN MCMORRIS AND DOES 1 THROUGH 25, 17 Defendant. 18 19 20 SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY 21 STIPULATE TO THE FOLLOWING: 22 1. On or about November 17, 2010, Plaintiff Richard Heyer ("Plaintiff") served his 23 First Amended Complaint ("FAC") on the Governing Board of the Mount Diablo Unified School 24 District ("District"), Alan Young and John McMorris (collectively the "Defendants"). 25 2. On or about November 29, 2010, Defendants' counsel, who has not yet appeared, 26 informed Plaintiff's counsel of Defendants' intention to file a motion to dismiss and/or strike by 27 December 7, 2010, with a hearing date anticipated in January 2011. Based on Plaintiff's counsel's 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER CASE DEADLINES Dockets.Justia.com 1 CV10-4525-MEJ 1 unavailabilit y during most of the month of January 2011, Plaintiff has agreed to extend 2 Defendants' deadline to file a responsive pleading until January 14, 2011. 3 3. The parties further stipulate to continue the case management conference, currently 4 scheduled for January 13, 2011, and all respective ADR and Rule 26 deadlines, pending the 5 outcome of the hearing on Defendants' motion to dismiss and strike. 6 SO STIPULATED. Respect fully submitted, FAGEN FRIEDMAN & FULFROST, LLP 7 DATED: December 1, 2010. 8 9 10 11 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 Fax: 510-550-8211 Fagen Friedman & Fulfrost, LLP 12 13 14 DATED: December 1, 2010. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] By: /s/ Joshua A. Stevens Joshua A. Stevens Attorneys for Defendants GOVERNING BOARD OF THE MOUNT DIABLO UNIFIED SCHOOL DISTRICT, ALAN YOUNG, and JOHN MCMORRIS Respect fully submitted, LAW OFFICES OF CURTIS G. OLER By: /s/ Curtis G. Oler Curtis G. Oler Attorney for Plaintiff RICHARD HEYER 2 CV10-4525-MEJ ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER CASE DEADLINES 1 2 PROPOSED] ORDER IT IS HEREBY ORDERED, pursuant to the above Stipulation of the parties, that 3 Defendants shall file their responsive pleading to Plaintiff's FAC on or before January 14, 2011. 4 IT IS HEREBY FURTHER ORDERED, pursuant to the above Stipulation of the parties, 5 that the case management conference, currently scheduled for January 13, 2011, and all respective 6 ADR and Rule 26 deadlines, are VACATED pending the outcome of the hearing on Defendants' 7 motion to dismiss and strike. December 3, 2010 8 DATED: ___________________ 9 10 11 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 Fax: 510-550-8211 00283.00141/238057.1 __________________________________ Hon. Maria-Elena James UNITED STATES MAGISTRATE JUDGE Fagen Friedman & Fulfrost, LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER CASE DEADLINES 3 CV10-4525-MEJ

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