Sullivan et al v. City of San Rafael et al

Filing 9

ORDER CONTINUING MOTION TO DISMISS re 8 Letter Brief, filed by San Rafael Police Department, City of San Rafael, Ryan Cogbill, Ryan Demarta. Signed by Magistrate Judge Maria-Elena James on 5/31/2012. (rmm2, COURT STAFF) (Filed on 5/31/2012)

1
2
3
4
5
6
7

Thomas F. Bertrand, State Bar No. 056560
Richard W. Osman, State Bar No. 167993
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
CITY OF SAN RAFAEL,
RYAN DEMARTA and RYAN COGBILL

8
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
12
13

GREGORY L. SULLIVAN and KOJI FUJITA,

14

Plaintiffs,

15

Case No. CV 12-01922 MEJ

v.

16
17
18
19
20
21

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,

DEFENDANTS CITY OF SAN RAFAEL, RYAN
DEMARTA AND RYAN COGBILL’S REQUEST
FOR CONTINUANCE OF HEARING ON
MOTION TO DISMISS; [PROPOSED] ORDER

Defendants.

22
23
24

Defendants CITY OF SAN RAFAEL, RYAN DEMARTA and RYAN COGBILL hereby request

25

an order from the court continuing the hearing date on their Motion to Dismiss in the above-named

26

action, from the currently-set for June 21, 2012 to July 12, 2012 at 10:00 a.m. Defendants’ counsel

27

recently received a Notice of Non-Availability from plaintiffs’ counsel, whose period of non-availability

28

includes the previously-set hearing date for defendants’ motion to dismiss. In order to accommodate
1
DEFENDANTS CITY OF SAN RAFAEL, RYAN DEMARTA AND RYAN COGBILL’S
REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS

1

plaintiffs’ schedule, defendants request the hearing date for the motion to dismiss be continued to

2

Thursday, July 12, 2012 at 10:00 a.m.

3

Dated: May 30, 2012

BERTRAND, FOX & ELLIOT

4
By: /s/ Richard W. Osman
Thomas F. Bertrand
Richard W. Osman
Attorneys for Defendants
CITY OF SAN RAFAEL,
RYAN DEMARTA and RYAN COGBILL

5
6
7
8
9
10

[PROPOSED] ORDER

11
12

In light of plaintiffs’ counsel’s unavailability, and good cause appearing, IT IS HEREBY
ORDERED that:

13
14

Defendants’ Motion to Dismiss Plaintiffs’ Complaint, currently set for June 21, 2012, shall be
continued to July 12, 2012.

15

IT IS SO ORDERED.

16
17

Dated:

May 31, 2012
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
2
DEFENDANTS CITY OF SAN RAFAEL, RYAN DEMARTA AND RYAN COGBILL’S
REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS