Frary et al v. County of Marin et al

Filing 19

ORDER by Magistrate Judge Maria-Elena James granting #17 Stipulation to Extend date to respond. (rmm2S, COURT STAFF) (Filed on 10/2/2012)

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Joseph P. Brent [SBN 214459]
David L. Fiol [SBN 203546]
Brent, Fiol & Nolan LLP
Two Embarcadero Center, 18th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs Lynnette Frary and
Jamie Ball
Charles A. Bonner [SBN 85413]
A. Cabral Bonner [SBN 247528]
Bonner & Bonner
475 Gate Five Rd, Suite 212
Sausalito, CA 94965
Telephone: [phone]
Facsimile: 415-331-2738
[e-mail]
Attorneys for Plaintiff Heather Howard

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
LYNNETTE FRARY, et al.,

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Plaintiffs,

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vs.
COUNTY OF MARIN, et al.,
Defendants.

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CASE NO. C12 3928 MEJ
STIPULATION AND PROPOSED ORDER
TO EXTEND TIME TO ANSWER OR
OTHERWISE RESPOND TO COMPLAINT
AND TO AMEND BRIEFING SCHEDULE
AND CASE DEADLINES
Judge:

Hon. Maria-Elena James

WHEREAS, this action was recently filed on July 26, 2012, and service of process was
accomplished expeditiously through waivers of service executed by all named defendants; and

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WHEREAS, at the time of filing the Court entered an ORDER SETTING INITIAL

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CASE MANAGEMENT CONFERENCE AND ADR DEADLINES establishing a number of

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discovery and other deadlines and set a Case Management Conference for November 1, 2012,

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and

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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO COMPLAINT AND TO AMEND BRIEFING
SCHEDULE AND CASE DEADLINES

CASE NO. C12 3928 MEJ

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WHEREAS, the defendants CITY OF NOVATO, JOSEPH KREINS, OFFICER

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THOMAS MACKENZIE, OFFICER MICHAEL DUNN, and OFFICER STEPHANIE

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COMMISTO have filed a motion to dismiss the claims against them pursuant to Federal Rule of

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Civil Procedure Rule 12(b)(6), and

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WHEREAS, the defendants COUNTY OF MARIN, SHERIFF ROBERT T. DOYLE,
and DEPUTY RACHEL HAMMER have indicated their intention to also file a motion for
dismissal, but have requested an extension to and through October 9, 2012 to do so, and
WHEREAS, the plaintiffs are agreeable to the extension requested by the County of

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Marin defendants, and all defendants are in turn agreeable to providing the plaintiffs with

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additional time to respond to the two motions,

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Therefore, pursuant to Local Civil Rules Nos. 6-1 and 6-2, the parties hereby agree that

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the deadlines and case schedule may be amended as follows:
(1)

Under Local Civil Rule 6-l (a), it is hereby stipulated and agreed between

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plaintiffs’ counsel and counsel for defendants COUNTY OF MARIN, SHERIFF ROBERT T.

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DOYLE, and DEPUTY RACHEL HAMMER that said defendants will have to and through

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October 9, 2012 to file an Answer or other response to the plaintiffs’ complaint; and

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(2)

All parties agree that the plaintiffs shall have to and through November 9, 2012 to

file an opposition to any and all Motions to Dismiss filed by the defendants; and

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(3)

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December 7, 2012;

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(4)

Both motions shall be heard on Thursday, January 10 at 10:00 a.m.; and

(5)

In light of the fact that the dispositive motions filed or to be filed by the

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Any reply papers in response to plaintiffs' oppositions shall be filed no later than

defendants will not be resolved prior to November 1, 2012, the date currently set for the initial
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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO COMPLAINT AND TO AMEND BRIEFING
SCHEDULE AND CASE DEADLINES

CASE NO. C12 3928 MEJ

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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October 2, 2012
Dated: _________________________

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____________________________________
Hon. Maria-Elena James
Chief United States Magistrate Judge

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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO COMPLAINT AND TO AMEND BRIEFING
SCHEDULE AND CASE DEADLINES

CASE NO. C12 3928 MEJ