Rivera v. City of Richmond et al

Filing 11

STIPULATION AND ORDER re 10 STIPULATION re 6 MOTION to Dismiss Stipulation for filing First Amended Complaint and to take Motion to Dismiss off calendar filed by City of Richmond. Amended Pleadings due by 1/18/2013. Signed by Judge Elizabeth D Laporte on 12/31/2012. (knm, COURT STAFF) (Filed on 12/31/2012)

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1 2 3 4 5 6 DAVID B. NEWDORF, State Bar #172960 david@newdorf.com VICKI F. VAN FLEET, State Bar #164598 vicki@newdorf.com NEWDORF LEGAL 220 Montgomery Street, Suite 1850 San Francisco, California 94104 Telephone: (415) 357-1234 Facsimile: (866) 954-8448 E-Mail: david@newdorf.com 7 8 Attorneys for Defendant CITY OF RICHMOND 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA N E W D O RF L E G A L 220 Montgomery St. #1850 San Francisco, CA 94104 (415) 357-1234 11 12 MONICA RIVERA, Case No. 12-CV-5750 EDL 13 Plaintiff, STIPULATION AND [PROPOSED] ORDER FOR FILING OF FIRST AMENDED COMPLAINT [FED. R. CIV. P. 15(A)(2)] 14 vs. 15 16 CITY OF RICHMOND, RITZIE TOLENTINO (#163), AMIT NATH (#105), and DOES 1 to 10, inclusive 17 Defendants. 18 19 20 21 22 23 WHEREAS Defendant City of Richmond filed a motion to dismiss the complaint on December 10, 2012; and WHEREAS Plaintiff Monica Rivera filed an opposition to the motion to dismiss on December 21, 2012; and WHEREAS the undersigned Parties, being all Parties who have appeared in the action, 24 agree that the motion to dismiss may be withdrawn without prejudice and that Plaintiff may file a 25 First Amended Complaint; Therefore 26 The Parties STIPULATE and AGREE as follows: 27 1. 28 Pursuant to Fed. R. Civ. P. 15(a)(2), plaintiff may file a First Amended Complaint by January 18, 2013. 1 STIPULATION TO FILE AMENDED COMPLAINT - CASE NO.: 12-CV-5750 EDL 1 2 3 4 5 6 7 2. The Motion to Dismiss the Complaint set for hearing on January 15, 2013 shall be taken off calendar without prejudice to Defendant’s right to renotice the motion in the event that no amended complaint is filed. 3. Defendant reserves its right to respond to the First Amended Complaint by motion or answer. STIPULATED and AGREED: Dated: November 28, 2012 NEWDORF LEGAL 8 By:/s/ David B. Newdorf DAVID B. NEWDORF Attorneys for Defendant CITY OF RICHMOND 9 10 N E W D O RF L E G A L 220 Montgomery St. #1850 San Francisco, CA 94104 (415) 357-1234 11 KESSLER LAW FIRM 12 13 By:/s/ Darren J. Kessler DARREN J. KESSLER Attorneys for Plaintiff MONICA RIVERA 14 15 16 ORDER 17 Pursuant to Stipulation, it is ORDERED that: 18 1. Plaintiff may file a First Amended Complaint by (and including) January 18, 2013; 19 2. The Motion to Dismiss the Complaint set for hearing on January 15, 2013 is taken 20 off calendar without prejudice to Defendant’s right to renotice the motion in the event that no 21 amended complaint is filed. 22 IT IS SO ORDERED. 23 24 December 31, 2012 Dated: ______________ 25 26 27 28 HON. ELIZABETH D. LAPORTE U.S. Magistrate Judge 2 STIPULATION TO FILE AMENDED COMPLAINT - CASE NO.: 12-CV-5750 EDL

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