Hoa v. Cate et al

Filing 38

STIPULATION AND ORDER re 37 Granting Continuance on Hearing of Defendant Matthew Cate's Motion to Dismiss Under Rule 12(B)6 and for Qualified Immunity filed by Matthew Cate. Case Management Conference reset for 11/9/2012 01:00 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 11/9/2012 01:00 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 10/31/12. (bpf, COURT STAFF) (Filed on 10/31/2012)

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KAMALA D. HARRIS
Attorney General of California
JAY M. GOLDMAN
Supervising Deputy Attorney General
MANEESH SHARMA
Deputy Attorney General
State Bar No. 280084
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Matthew Cate

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PAUL HOA,

C 12-2078 EMC

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v.
MATTHEW CATE, et al.,

Plaintiff, STIPULATION AND [PROPOSED]
ORDER GRANTING CONTINUANCE
ON HEARING OF DEFENDANT
MATTHEW CATE’S MOTION TO
DISMISS UNDER RULE 12(B)6 AND
FOR QUALIFIED IMMUNITY
Defendants. Date:
Time:
Dept:
Judge:
Trial Date:
Action Filed:

November 2, 2012
1:30 p.m.
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The Hon. Edward M. Chen
None
April 25, 2012

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At the request of Plaintiff’s counsel, the parties, Plaintiff Paul Hoa and Defendants

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Matthew Cate, T. Gregory Stagnitto, Bridge Transport, Stag Leasing Inc., and David F. Lopez, by

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and through their respective counsel, stipulate that the hearing on Defendant Matthew Cate’s

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motion to dismiss Plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6) and for

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qualified immunity, originally noticed for Friday, November 2, 2012, at 1:30 p.m., shall be

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continued to Friday, November 9, 2012, at 1:30 p.m., or as soon thereafter as the matter may be

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heard before the Honorable Edward M. Chen, United States District Judge, in Courtroom 5 (17th
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Stip. And [Proposed] Order Granting Continuance of Hearing (C 12-2078 EMC )

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Floor) of the above-entitled court, located at the Federal Building, 450 Golden Gate Avenue,

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California. Good cause exists for this request as Plaintiff's counsel is located in Southern

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California and to avoid to multiple appearances before this Court for two hearings that are

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calendared one week apart.

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SO STIPULATED:

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DATED: October 30, 2012

LAW OFFICE OF GENE H. SHIODA

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_s/ Gene H. Shioda____________
GENE H. SHIODA
JAMES A. KIM
JASON Y. LIE
Attorneys for Plaintiff Paul Hoa

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DATED: October 30, 2012

GEARY, SHEA, O’DONNELL, GRATTAN,
AND MITCHELL

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_s/ John F. Geary______________
JOHN F. GEARY
ROBERT W. HENKELS
Attorneys for Defendants
David F. Lopez, T. Gregory Stagnitto,
Bridge Transport, Stag Leasing Inc.

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DATED: October 30, 2012

KAMALA D. HARRIS
Attorney General of California
JAY M. GOLDMAN
Supervising Deputy Attorney General

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_s/ Maneesh Sharma___________
MANEESH SHARMA
Deputy Attorney General
Attorneys for Defendant
Matthew Cate

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RT
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SF2012205056
20647182.doc

UNIT
ED

S

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The motion to dismiss is reset for
11/9/12 at 1:00 p.m. The CMC is also reset from 11/9/12 at 9:00 a.m. to 1:00 p.m. A joint
CMC statement shall be filed by 11/2/12.
S DISTRICT
Dated: ___________________________
__________________________
TE
C
October 31, 2012
A
TThe Honorable Edward M. Chen
United States District Court Judge

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Stip. And [Proposed] Order Granting Continuance of Hearing (C 12-2078 EMC )

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CERTIFICATE OF SERVICE
Case Name:

P. Hoa v. M. Cate, et al

No.

C 12-2078 EMC

I hereby certify that on October 30, 2012, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
STIPULATION AND [PROPOSED] ORDER GRANTING CONTINUANCE ON
HEARING OF DEFENDANT MATTHEW CATE’S MOTION TO DISMISS
UNDER RULE 12(B)6 AND FOR QUALIFIED IMMUNITY
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on October 30, 2012, at San Francisco,
California.

L. Santos
Declarant
20647373.doc

/s/ L. Santos
Signature