Alejandre v. City of Napa et al

Filing 13

STIPULATION AND ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE RE: 10 MOTION to Dismiss Plaintiff's Complaint filed by City of Napa, Thomas Keener, Set/Reset Deadline s as to 10 MOTION to Dismiss Plaintiff's Complaint. Responses due by 1/11/2013. Replies due by 1/18/2013. Motion Hearing set for 2/1/2013 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Case Management Statement due by 2/15/2013. Case Management Conference set for 2/22/2013 at01:30 PM in Courtroom G, 15th Floor, San Francisco.. Signed by Judge Joseph C. Spero on 11/5/12. (klhS, COURT STAFF) (Filed on 11/6/2012)

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William C. Johnson (State Bar No. 85224)
BENNETT & JOHNSON, LLP
1901 Harrison Street, Suite 1600
Oakland, California 94612
Telephone: [phone]
Facsimile: (51 0) 835-4260
Email: william@bennettj ohnsonlaw.com

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Attorneys for Plaintiff
LUIS ALEJANDRE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.: 3:12-cv-04985 JCS

LUIS ALEJANDRE,
Plaintiff,

STIPULATION AND [PROPOSED]
ORDER CONTINUING BRIEFING
SCHEDULE AND HEARING ON
DEFEFENDANTS' MOTION TO
DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE

vs.
CITY OF NAPA, NAPA POLICE OFFICER
THOMAS KEENER, and DOES 1 through
20, inclusive,

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Date: November 30, 2012
Time: 9:30 a.m.
Courtroom G, 15th Floor

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Honorable Joseph C. Spero

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Defendants,

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TO THE HONORABLE COURT:
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The parties are cooperating in good faith and wish to meet and confer on the issues raised
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in the motion to dismiss and additional time is necessary to allow this process to be completed.
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Plaintiffs opposition to the Motion to Dismiss is due November 8, 2012. Plaintiffs attorney
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William C. Johnson currently is in trial in Napa County Superior Court in the matter of Galvin v.
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Collins (No. 26-57693), which trial is not expected to be completed until November 6 or 7, 2012.

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Bennett
JoHnsonLLP

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No. 3: 12-cv-04985-JCS
Stipulation and [Proposed Order] Continuing
Briefmg Schedule and Hearing on Defendants' Motion to Dismiss

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Defendants' attorney Gregory M. Fox will to be out of the country from December 18, 2012

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through the first of January 2013, and thereafter is scheduled to commence an eight day trial in

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Marin County Superior Cow1 on January 8, 2013 which was specially set by Hon. Faye D'Opal

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with an eight day trial estimate.

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The parties, by and through their attorneys of record, hereby stipulate and respectfully

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request that the hearing on Defendants' Motion to Dismiss, currently set for November 30, 2012,

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be continued to February 1, 2013.

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Plaintifrs opposition will be filed on or before January 11, 2013 and Defendants' reply
will be filed on or before Janum)' 18, 2013.
The parties further stipulate that the Initial Case Management Conference be continued

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from January 4, 2013 to February 22, 20 \3 or a date thereafter convenient to the Court so that the

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ruling on the Motion to Dismiss will be determined prior to the Case Management Conference.

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DATED: November 1, 2012
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IS
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DATED: November 1, 2012

BERTRAND, FOX & ELLIOT

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By:,/::?>~~
GREG ORYMF'OX:

Attorneys for the Defendants
CITY OF NAPA and NAPA POLICE
OFFICER THOMAS KEENER

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Bennett
JoHnsonLLP

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No. 3:12-cv-04985-JCS
Stipulation and [Proposed Order) Continuing
Briefing Schedule and Hearing on Defendants' Motion to Dismiss

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[PROPOSED] ORDER
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Having considered the stipulated request of the parties, the Court orders as follows:

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1. Defendants' Motion to Dismiss, currently set for November 30, 2012, is continued to
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February 1, 2013.
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2. Plaintiffs opposition shall be filed on or before January 11, 2013 and Defendants'

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reply shall be filed on or before January 18, 2013.
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3. The Initial Case Management Conference is continued from January 4, 2013 to
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February 22,2013 at 1:30 p.m. in Courtroom G, 15th Floor, and the deadlines for filing the ADR
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Certification, Stipulation to ADR Process or Notice ofNeed for ADR Phone Conference, Rule
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26(f) Report and Case Management Statement are continued based upon the new Case
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Management Conference date.

pero
ph C. S
dge Jose JOSEPH
Ju
HONORABLE

H

ER

LI

C. SPERO
THE
UNITED STATES DISTRICT JUDGE
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NO

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R NIA

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November 5, 2012

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DATED:

UNIT
ED

IT IS SO ORDERED.

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Bennett
JoHnson LLP

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No. 3: 12-cv-04985-JCS
Stipulation and [Proposed Order] Continuing
Briefing Schedule and Hearing on Defendants' Motion to Dismiss