Jefferson v. City of Fremont et al

Filing 43

STIPULATION AND ORDER re 42 to Continue Hearing on Motion to Dismiss and Initial Case Mangement Conference filed by Joe Grech, Fremont Tennis Center, Kelly King, Annabelle Holland, City of Fremont, Jeff Gonce, Set/Reset Deadlines as to 42 STIPULATION WITH PROPOSED ORDER to Continue Hearing on Motion to Dismiss and Initial Case Mangement Conference, 33 MOTION to Dismiss Plaintiff's First Amended Complaint. Case Management Conference set for 10/12/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 10/12/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 9/25/12. (bpf, COURT STAFF) (Filed on 9/25/2012)

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Gregory M. Fox, State Bar No. 070876
Ilana Kohn, State Bar No. 203389
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Harvey E. Levine, Esq., State Bar No. 61880
City Attorney City of Fremont
3300 Capitol Avenue
PO Box 5006
Fremont, CA 94537-5006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF FREMONT, FREMONT TENNIS CENTER,
JEFF GONCE, JOE GRECH, ANNABELLE HOLLAND
and KELLY KING

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WALTER JEFFERSON,

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Plaintiff,

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v.

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THE CITY OF FREMONT, FREMONT
TENNIS CENTER, JEFF GONCE, JOE
GRECH, ANNABELLE HOLALND, KELLY
KING and Does 1 through 10, inclusive,

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Defendants.

Case No. 3:12-cv-00926 EMC
STIPULATION OF COUNSEL AND
[PROPOSED] ORDER TO CONTINUE
HEARING ON MOTION TO DISMISS AND
INITIAL CASE MANAGEMENT CONFERENCE
Date: October 5, 2012
Time: 1:30 p.m.
Place: Courtroom 5, 17th Floor

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Defendants City of Fremont, a municipal public entity on behalf of itself and the Fremont Tennis

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Center, Jeff Gonce, Joe Grech, Annabelle Holland, and Kelly King, and Plaintiff Walter Jefferson hereby

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submit the following Stipulation and Proposed Order rescheduling the hearing date on Defendants’

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Motion to Dismiss the First Amended Complaint and Initial Case Management Conference.

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WHEREAS on July 23, 2012 the Court granted the parties’ stipulation to continue the September

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9, 2012 hearing date and associated briefing schedule for Defendants’ Motion to Dismiss the First

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Amended Complaint to October 5, 2012 at 1:30 p.m., and rescheduled the Initial Case Management
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STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO
DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE

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Conference for October 5, 2012;

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WHEREAS all of the briefing associated with the motion to dismiss is complete;

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WHEREAS the parties’ Joint Case Management Conference Statement is due on September 28,

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2012;

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WHEREAS all parties to this action have agreed to continue the October 5, 2012 hearing date and

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initial case management conference to October 12, 2012 at 1:30 p.m. due to a scheduling conflict of

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defense counsel;

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IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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1.

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The hearing date for Defendants’ Motion to Dismiss the First Amended Complaint and the

Initial Case Management Conference shall be re-scheduled for October 12, 2012 at 1:30 p.m.;
2.

The parties’ Joint Case Management Conference Statement shall be filed no later than

September 28, 2012.
SO STIPULATED.

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Dated: September 24, 2012

BERTRAND, FOX & ELLIOT

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By:

/s/
Gregory M. Fox
Ilana Kohn
Attorneys for Defendants
CITY OF FREMONT, FREMONT TENNIS
CENTER, JEFF GONCE, JOE GRECH,
ANNABELLE HOLLAND and KELLY KING

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Dated: September 24, 2012

LOGAN LAW GROUP

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By:

/s/
Angela L. Morgan
Attorney for Plaintiff
WALTER JEFFERSON

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STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO
DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE

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ATTORNEY ATTESTATION

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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“conformed” signature (/s/) within this E-filed document.

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Dated: September 24, 2012

/s/
Ilana Kohn

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ORDER

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Pursuant to the above Stipulation of the parties by and through their respective counsel of record,
it is hereby ORDERED as follows:

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1.

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October 12, 2012.

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2.

The parties’ Joint Case Management Conference Statement shall be filed no later than

September 28, 2012.
IT IS SO ORDERED.

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dward
Judge E

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M. Che

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RT

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______________________________________
HONORABLE EDWARD CHEN
DERED
UNITED STATESO OR
S DISTRICT COURT JUDGE
T IS

UNIT
ED

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Dated: September ___, 2012

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S

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R NIA

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3.

FO

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Defendants’ Motion to Dismiss.

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The Initial Case Management Conference will immediately follow the hearing on

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Defendants’ Motion to Dismiss the First Amended Complaint will be heard at 1:30 pm on

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D IS T IC T
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OF

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STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO
DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE