SCC Alameda Point LLC v. City of Alameda et al

Filing 55

ORDER to continue CMC and heraring on motions re 54 Stipulation filed by SCC Alameda Point LLC, Set/Reset Deadlines as to 39 First MOTION to Dismiss the Fourth Cause of Action of Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 1 2(b)(6), 40 First MOTION to Strike 26 Amended Complaint, 35 MOTION to Dismiss and to Strike Second Amended Complaint, 47 MOTION for Sanctions against Defendants for Spoliation of Evidence. Motion Hearing reset for 5/13/2011 10:0 0 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. Initial Case Management Conference set for 5/13/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 3/8/2011. (beS, COURT STAFF) (Filed on 3/9/2011)

SCC Alameda Point LLC v. City of Alameda et al

Doc. 55

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LOUIS R. MILLER, State Bar No. 54141 [e-mail] DANIEL S. MILLER, State Bar No. 218214 [e-mail] BRIAN PROCEL, State Bar No. 218657 [e-mail] MILLER BARONDESS, LLP 1999 Avenue of the Stars, Suite 1000 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff SCC ALAMEDA POINT, LLC DAVID B. NEWDORF, State Bar No. 172960 [e-mail] VICKI F. VAN FLEET, State Bar No. 164598 [e-mail] NEWDORF LEGAL 220 Montgomery Street, Suite 1850 San Francisco, California 94104-4238 Telephone: [phone] Facsimile: [phone] GEOFFREY L. ROBINSON, State Bar No. 112997 [e-mail] BINGHAM MCCUTCHEN LLP 3 Embarcadero Center San Francisco, CA 94111-4067 Telephone; [phone] Facsimile: [phone] Attorneys for Defendants CITY OF ALAMEDA, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, and COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA ARTHUR J. FRIEDMAN, State Bar No. 160867 [e-mail] MARTIN D. WHITE, State Bar No. 253476 [e-mail] SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ANN MARIE GALLANT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
78801.3

STIPULATION TO CONTINUE CMC/HEARINGS ON MOTIONS TO DISMISS, CASE NO. 3:10-CV-05178-CRB
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SCC ALAMEDA POINT, LLC, a limited liability company, Plaintiff,

CASE NO. 3:10-cv-05178-CRB STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON DEFENDANTS' MOTIONS TO DISMISS AND MOTIONS TO STRIKE AND ORDER Current City Motion to Dismiss/ Strike Date: Time: Place: New City Motion to Dismiss/ Strike Date: Time: Place: Current CMC/ Gallant/Sanctions Motions Date: Time: Place:

3 v. 4 5 6 7 8 9 Defendants. 10 11 12 13 14 15 16 CITY OF ALAMEDA, a municipal corporation; ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a Joint Powers Authority; COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA, a public body corporate and politic; ANN MARIE GALLANT, an individual; and DOES 1 through 10, inclusive,

March 11, 2011 10:00 a.m. Courtroom 8, 19th Floor

May 13, 2011 10:00 a.m. Courtroom 8, 19th Floor

April 8, 2011 10:00 a.m. Courtroom 8, 19th Floor

New CMC/Gallant/ Sanctions Motion Date: May 13, 2011 Time: 10:00 a.m. Place: Courtroom 8, 19th Floor Judge: Hon. Charles R. Breyer

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78801.3

STIPULATION TO CONTINUE CMC/HEARINGS ON MOTIONS TO DISMISS, CASE NO. 3:10-CV-05178-CRB

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WHEREAS, Defendants City of Alameda, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission of the City of Alameda, filed a Motion to Dismiss the Second Amended Complaint and Motion to Strike (the "City Motion"). The City Motion is currently set for hearing on March 11, 2011 at 10:00 a.m. in Courtroom 8 of the above-captioned Court; WHEREAS the Initial Case Management Conference is currently scheduled for April 8, 2011 at 10:00 a.m.; WHEREAS, Defendant Ann Marie Gallant ("Gallant") filed the following motions: (1) Motion to Dismiss the Fourth Cause of Action of Plaintiff's Second Amended Complaint; (2) Motion to Strike Portions of Plaintiff's Second Amended Complaint; and (3) Special Motion to Strike the Fourth Cause of Action to the Second Amended Complaint ("Gallant Motions"), currently set for hearing on April 8, 2011 at 10:00 a.m.; WHEREAS, Plaintiff SCC Alameda Point, LLC ("Plaintiff") filed a Motion for Sanctions against Defendants for Spoliation of Evidence ("Plaintiff Motion"), currently set for hearing on April 8, 2011 at 10:00 a.m.; WHEREAS, counsel for Plaintiff are not available on March 11, 2011; WHEREAS, all parties wish to continue the hearing on the City Motion to Dismiss from March 11, 2011 to April 8, 2011; WHEREAS, all parties also wish to continue the Initial Case Management Conference, the hearing on the Gallant Motions, and the hearing on the Plaintiff Motion to May 13, 2011, or as soon thereafter as the Court is available; and WHEREAS, the parties will not be prejudiced by the continuance. IT IS HEREBY STIPULATED by and between the parties, through their respective undersigned attorneys of record, that the hearing on the City Motion will be continued to May 13, 2011 at 10:00 a.m., or as soon thereafter as the Court is available. IT IS HEREBY STIPULATED by and between the parties, through their respective undersigned attorneys of record, that the Initial Case Management Conference and the hearing on the

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78801.3

STIPULATION TO CONTINUE CMC/HEARINGS ON MOTIONS TO DISMISS, CASE NO. 3:10-CV-05178-CRB

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Gallant Motions and Plaintiff Motion will be continued to May 13, 2011 at 10:00 a.m., or as soon thereafter as the Court is available.

DATED: March __, 2011

MILLER BARONDESS, LLP

By:_______________________________________ Daniel S. Miller Attorneys for Plaintiff SCC ALAMEDA POINT, LLC DATED: March __, 2011 NEWDORF LEGAL DAVID B. NEWDORF BINGHAM MCCUTCHEN LLP GEOFFREY L. ROBINSON

By:_______________________________________ David B. Newdorf Attorneys for Defendants CITY OF ALAMEDA, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY AND COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DATED: March __, 2011 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By:_______________________________________ Arthur J. Friedman Attorneys for Defendant ANN MARIE GALLANT

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78801.3

STIPULATION TO CONTINUE CMC/HEARINGS ON MOTIONS TO DISMISS, CASE NO. 3:10-CV-05178-CRB

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ORDER All motions and case management conference currently on calendar are reset to May 13, 2011 at 10:00 a.m.. IT IS SO ORDERED.

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STIPULATION TO CONTINUE CMC/HEARINGS ON MOTIONS TO DISMISS, CASE NO. 3:10-CV-05178-CRB

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The Honorable ORDERED Charles R. Breyer IS SO United States District Court Judge IT

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