Gressett v. Contra Costa County et al

Filing 123

STIPULATION AND ORDER re #122 To Set Briefing Schedule and Continue CMC filed by Joyce Blair, Contra Costa County, Tom McKenna, Michael Gressett, Jon Sylvia, Darryl Jackson, William Daniel O'Malley, Brian Baker, City of Martinez, Gene Greenwald, Paul Mulligan, Robert Kochly, Paul Sequeira Case Management Statement due by 10/10/2013. Case Management Conference reset for 10/17/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/1/13. (bpf, COURT STAFF) (Filed on 7/1/2013)

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TODD BOLEY, Bar No. 68119, [e-mail]
1212 Broadway, 16th Floor
Oakland, California 94612
Telephone: [phone]; Fax: [phone]

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Attorney for Defendants Contra Costa County,
Robert Kochly, Paul Sequeira, Brian Baker, Gene
Greenwald, Darryl Jackson & Paul Mulligan

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL GRESSETT
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)
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Plaintiff,
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v.
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CONTRA COSTA COUNTY; CITY OF
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MARTINEZ; ROBERT KOCHLY; PAUL )
SEQUEIRA; BRIAN BAKER; GENE
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GREENWALD; DARRYL JACKSON;
)
PAUL MULLIGAN; JON SYLVIA; JOYCE )
BLAIR; WILLIAM DANIEL O’MALLEY; )
TOM MCKENNA; O’MALLEY &
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MCKENNA LAW OFFICE and DOES 1- )
100,
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Defendants.
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Case No.: 3-12-cv-03798 EMC
STIPULATION TO SET BRIEFING
SCHEDULE ON MOTIONS TO DISMISS;
CONTINUING CASE MANAGEMENT
CONFERENCE AND ORDER THEREON

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Plaintiff MICHAEL GRESSETT (“Plaintiff”) and Defendants CONTRA COSTA

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COUNTY; ROBERT KOCHLY; PAUL SEQUEIRA; BRIAN BAKER; GENE GREENWALD;

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DARRYL JACKSON and PAUL MULLIGAN (“County Defendants”); Defendants CITY OF

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MARTINEZ and JON SYLVIA (“Martinez Defendants”); Defendant JOYCE BLAIR

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(“BLAIR”); Defendant WILLIAM DANIEL O’MALLEY (“O’Malley”) and Defendant TOM

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MCKENNA (“McKenna”), through their undersigned counsel, hereby stipulate as follows:

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1.

Plaintiff filed his Third Amended Complaint on June 14, 2013.

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Stipulation to Set Briefing Schedule

3-12-cv-03798 EMC
Hon. Edward M. Chen

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2.

Defendants have met and conferred on their responses to the Third Amended

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Complaint. They have agreed that the defendants share many of the same arguments, and to the

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extent possible, will incorporate portions of the brief filed by the County Defendants. It will be

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necessary to circulate drafts of the brief, which will add to the time necessary to prepare the

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motions. However, the coordinated motions will allow each defendant to focus specifically on

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arguments that are unique to their positions and reduce the total number of pages of argument

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submitted in support of the motions to dismiss.

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3.

Because of prepaid vacations and the demands of other cases, defendants will not

be able to file their coordinated motions until August 6, 2013.
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Plaintiff’s counsel has a trial starting September 9, 2013 and another on

September 23 which is estimated to take 60 days.
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The parties therefore respectfully request that the Court order the following

schedule for motions to dismiss the Third Amended Complaint:

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a.

File motions by August 6, 2013;

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b.

Opposition by August 23, 2013;

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c.

Reply Memoranda by August 30, 2012; and

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d.

Hearing on September 6, 2013.

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6.

The Case Management Conference is currently set for July 18, 2013. The parties

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request that the Conference be continued to a date of the Court’s choosing after resolution of the

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motions to dismiss.

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Dated: June 28, 2013
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By ______________/s/____________________
Jayme Burns

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Attorney for Plaintiff Michael Gressett
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Stipulation to Set Briefing Schedule

3-12-cv-03798 EMC
Hon. Edward M. Chen

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By ______________/s/____________________
Todd Boley

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Attorney for County Defendants
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By ______________/s/____________________
Dale L. Allen, Jr., Dirk D. Larsen & Kevin P.
Allen

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Attorney for Defendants City of Martinez and Jon Sylvia

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By ______________/s/____________________
James V. Fitzgerald, III, Thomas G. Beatty and
Petra Bruggisser;

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Attorney for Defendant Tom McKenna

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By ______________/s/____________________
Austin R. Gibbons & A. Byrne Conley

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Attorney for Defendant William Daniel O’Malley

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By ______________/s/____________________
Kamala D. Harris, John P. Devine, David W.
Hamilton, and Wilfred T. Fong

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Attorney for Defendant Joyce Blair

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ORDER

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The parties having stipulated thereto, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED THAT:

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1.

Defendants shall filed their motions to dismiss the Third Amended Complaint by

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August 6, 2013;

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3
Stipulation to Set Briefing Schedule

3-12-cv-03798 EMC
Hon. Edward M. Chen

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2.

Plaintiff shall file his Opposition by August 23, 2013;

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3.

Defendants shall file their Reply Memoranda by August 30, 2012;
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at 1:30 p.m.

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4.

The hearing on the motions will be held on September 6, 2013; and

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5.

The Case Management Conference be taken off calendar and will be reset at date
is reset for 10/17/13 at 9:00 a.m.

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7/1

Dated: __________________, 2013

UNIT
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AS Judge
DistrictMO Edward M. Chen

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following resolution of the motions to dismiss.

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Stipulation to Set Briefing Schedule

3-12-cv-03798 EMC
Hon. Edward M. Chen