Teixeira et al v. County of Alameda et al

Filing 43

ORDER Initial Case Management Conference set for 8/9/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 4/23/13. (tfS, COURT STAFF) (Filed on 4/24/2013)

1 Donald E.J. Kilmer, Jr., (SBN: 179986)
Law Offices of Donald Kilmer, APC
2 1645 Willow Street, Suite 150
San Jose, California 95125
3 Voice:
[phone]
Facsimile: [phone]
4 EMail:
[e-mail]
5 Jason A. Davis (SBN: 224250)
30021 Tomas Street, Suite 300
6 Rancho Santa Margarita, CA 92688
Voice:
[phone]
7 Facsimile: [phone]
EMail:
[e-mail]
8
Charles W. Hokanson (SBN: 163662)
9 4401 Atlantic Ave, Suite 200
Long Beach, California 90807
10 Voice: [phone]
Facsimile: [phone]
11 Email: [e-mail]
12 Attorneys for Plaintiffs
13
14
15
16
17
18
19
20
21

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JOHN TEIXEIRA, STEVE
NOBRIGA, GARY GAMAZA,
CALGUNS FOUNDATION (CGF),
INC., SECOND AMENDMENT
FOUNDATION (SAF), INC., and
CALIFORNIA ASSOCIATION OF
FEDERAL FIREARMS LICENSEES
(Cal-FFL),

CASE NO.: 3:12-CV-03288 SI
STIPULATION AND ORDER
RE: CASE MANAGEMENT
CONFERENCE
Current CMC:

Plaintiffs,

22
23
24
25
26
27
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

28

April 26, 2013
2:30 p.m.
19th Floor
Courtroom 10

vs.
COUNTY OF ALAMEDA, ALAMEDA
BOARD OF SUPERVISORS (as a
policy making body), WILMA CHAN
in her official capacity, NATE MILEY
in his official capacity, and KEITH
CARSON in his official capacity.
Defendants.
Teixeira v. County of Alameda

Page 1 of 3

Stipulation: Case Mgmt

1

The parties, by and through counsel, stipulate to the following:

2 1.

There is an Initial Case Management Conference set for April 26, 2013 in

3

this matter.

4 2.

On February 26, 2013 this Court entered an order granting Defendants’

5

Motion to Dismiss with leave to amend.

6 3.

On April 1, 2013 the Plaintiffs filed a First Amended Complaint.

7 4.

Defendants intend to file an FRCP 12(b) motion to challenge the legal

8

sufficiency of the Complaint.

9 5.

The parties stipulate that Defendants shall file any FRCP 12(b) motion on or

10

before May 20, 2013.

11 6.

The parties stipulate that if the Defendants do not file an FRCP 12(b) motion

12

by May 20, 2013, that the parties agree to a referral to Early Neutral

13

Evaluation of the Case through the Court’s ADR process.

14 7.

In light of these agreements by the parties, they now seek an order from the

15

Court that will:

16

C.

17

Extend the deadline for the parties to file Rule 26(f) Reports and a
Joint Case Management Conference Statement.

18

D.

Continue the Case Management Conference.

19

E.

Continue the deadline for Defendants to file an answer to:

20

i.

21
22

15 days after any denial with prejudice of Defendants’ FRCP
12(b) motion, or

ii.

23

15 days after termination without settlement of any ADR
procedure.

24 SO STIPULATED.
25 Date: April 18, 2013
26

/s/ Donald Kilmer

27 For Plaintiffs
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

Date: April 18, 2013
/s/ Mary Ellyn Gormley
For Defendants

28
Teixeira v. County of Alameda

Page 2 of 3

Stipulation: Case Mgmt

1

ATTESTATION FOR COMPLIANCE WITH
GENERAL ORDER 45 AND LOCAL RULE VIII.B.

2
3

I, Donald Kilmer, declare under penalty of perjury under the laws of California

4 and the United States that I have in my possession e-mail correspondence from
Mary Ellyn Gormley that the content of this document is acceptable to all persons
5
required to sign the document. I declare that this document was signed in San
6 Jose, CA on April 18, 2013.
7
/s/

8

9 Donald Kilmer
Attorney for Plaintiffs
10
11

SO ORDERED.

12

Good cause appearing, the court makes the following orders:

13

1.

Defendants shall have until May 20, 2013 to file any FRCP 12(b) motion.

14

2.

If the Defendants do not file an FRCP 12(b) motion by May 21, 2013, the case

15

is referred to the Northern District Alternative Dispute Resolution for an

16

Early Neutral Evaluation.

17

3.

18

Defendants shall file an answer in this matter upon:
a.

19

motion, or

20
21

b.
4.

22
23

26

15 days after termination without settlement of any ADR procedure.

The parties shall file any Rule 26(f) reports 10 days after the event described
in paragraph 3 of this order.

5.

24
25

15 days after any denial with prejudice of Defendants’ FRCP 12(b)

The Initial Case Management Conference is continued to August
at 2:30 p.m. in Courtroom 10, 19th Floor.

6.

The parties shall file a Joint CMC statement 10 days before the conference.

Date: 4/23/13

____________________________

27
Donald Kilmer
Attorney at Law
1645 Willow St.
Suite 150
San Jose, CA 95125
Vc: 408/264-8489
Fx: 408/264-8487

9, 2013

U.S. District Judge

28
Teixeira v. County of Alameda

Page 3 of 3

Stipulation: Case Mgmt