Sullivan et al v. City of San Rafael et al

Filing 59

ORDER by Magistrate Judge Maria-Elena James granting 58 Stipulation to Continue Hearing on Motion for Partial Summary Judgment and Related Briefing Schedule. (rmm2S, COURT STAFF) (Filed on 6/3/2013)

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Thomas F. Bertrand, SBN 056560
Richard W. Osman, SBN 167993
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, Ca 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
CITY OF SAN RAFAEL,
RYAN DEMARTA and RYAN COGBILL

Brian K. Gearinger, SBN 146125
GEARINGER LAW GROUP
825 Van Ness Ave., 4th Floor
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
GREGORY L. SULLIVAN and
KOJI FUJITA

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James D. Rush, SBN 240284
LAW OFFICES OF JAMES D. RUSH, APC
7665 Redwood Boulevard, Suite 200
Novato, CA 94945
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs
GREGORY L. SULLIVAN and
KOJI FUJITA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREGORY L. SULLIVAN and
KOJI FUJITA,
Plaintiffs,
v.

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CITY OF SAN RAFAEL, a government
entity; SAN RAFAEL POLICE
DEPARTMENT, a government entity;
RYAN DEMARTA, individually, and in
his capacity as police officer for the CITY
OF SAN RAFAEL; RYAN COGBILL,
individually, and in his capacity as police
officer for the CITY OF SAN RAFAEL;
and DOES 1 to 100,

Case No.: CV 12-01922 MEJ
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE HEARING ON MOTION FOR
PARTIAL SUMMARY JUDGMENT AND
RELATED BRIEFING SCHEDULE

Defendants.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION FOR PARTIAL SUMMARY
JUDGMENT AND RELATED BRIEFING SCHEDULE
Sullivan v. City of San Rafael, et al.
U.S.D.C. Northern District of CA Case No. CV-12-01922 MEJ

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RECITALS
1.

Defendants’ Motion for Partial Summary Judgment is currently set for June 27, 2013 at

10:00 a.m. before Hon. Maria-Elena James in Courtroom B of this Court.
2.

The mandatory response deadline to the aforementioned motion is June 6, 2013 and the

mandatory reply deadline is June 13, 2013.
3.

Subsequent to participating in mediation with Judge James Larson (Ret.), the parties have

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continued settlement discussions. The parties desire to engage in further settlement discussions before

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requesting the court to expend additional time on the aforementioned motion. Therefore, the parties are

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requesting the court to order a two-week continuance of the hearing on the aforementioned motion and

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the related briefing schedule.

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STIPULATION

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Therefore, counsel for Plaintiffs and Defendants agree and stipulate as follows:

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1.

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To continue the hearing date, subject to availability on Judge James’ calendar, for

Defendants’ Motion for Partial Summary Judgment currently set for June 27, 2013 to July 11, 2013.
2.

To continue the corresponding response and reply deadlines to the aforementioned

motion to June 20, 2013 and June 27, 2013, respectively.
SO STIPULATED.
Dated: May 31, 2013

BERTRAND, FOX AND ELLIOT

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By: /s/ Richard W. Osman
Richard W. Osman
Attorneys for Defendants

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Dated: May 31, 2013

LAW OFFICE OF JAMES D. RUSH

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By: /s/ James D. Rush
James D. Rush
Attorneys for Plaintiffs

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Dated: May 31, 2013

GEARINGER LAW GROUP

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By: /s/ Brian K. Gearinger
Brian K. Gearinger
Attorneys for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR SUBMISSION OF JOINT STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT
Sullivan v. City of San Rafael, et al.
U.S.D.C. Northern District of CA Case No. CV-12-01922 MEJ

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[PROPOSED] ORDER

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Having reviewed the stipulation of counsel herein, IT IS HEREBY ORDERED that Defendants’

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Motion for Partial Summary Judgment be continued to July 11, 2013 and the corresponding response

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and reply deadlines be continued to June 20, 2013 and June 27, 2013, respectively.

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IT IS SO ORDERED.

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June 3, 2013
DATED: ____________________

___________________________________
HONORABLE MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR SUBMISSION OF JOINT STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT
Sullivan v. City of San Rafael, et al.
U.S.D.C. Northern District of CA Case No. CV-12-01922 MEJ