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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DAVID B. NEWDORF, State Bar #172960
[e-mail]
VICKI F. VAN FLEET, State Bar #164598
[e-mail]
NEWDORF LEGAL
220 Montgomery Street, Suite 1850
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendant
CITY OF RICHMOND

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
N E W D O RF L E G A L
220 Montgomery St. #1850
San Francisco, CA 94104
[phone]

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MONICA RIVERA,

Case No. 12-CV-5750 EDL

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Plaintiff,

STIPULATION AND [PROPOSED]
ORDER FOR FILING OF FIRST
AMENDED COMPLAINT
[FED. R. CIV. P. 15(A)(2)]

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vs.
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CITY OF RICHMOND, RITZIE
TOLENTINO (#163), AMIT NATH
(#105), and DOES 1 to 10, inclusive

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Defendants.
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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,

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agree that the motion to dismiss may be withdrawn without prejudice and that Plaintiff may file a

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First Amended Complaint; Therefore

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The Parties STIPULATE and AGREE as follows:

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1.

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Pursuant to Fed. R. Civ. P. 15(a)(2), plaintiff may file a First Amended Complaint

by January 18, 2013.
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STIPULATION TO FILE AMENDED COMPLAINT - CASE NO.: 12-CV-5750 EDL

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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

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By:/s/ David B. Newdorf
DAVID B. NEWDORF
Attorneys for Defendant
CITY OF RICHMOND

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N E W D O RF L E G A L
220 Montgomery St. #1850
San Francisco, CA 94104
[phone]

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KESSLER LAW FIRM

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By:/s/ Darren J. Kessler
DARREN J. KESSLER
Attorneys for Plaintiff
MONICA RIVERA

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ORDER

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Pursuant to Stipulation, it is ORDERED that:

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1.

Plaintiff may file a First Amended Complaint by (and including) January 18, 2013;

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2.

The Motion to Dismiss the Complaint set for hearing on January 15, 2013 is taken

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off calendar without prejudice to Defendant’s right to renotice the motion in the event that no

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amended complaint is filed.

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IT IS SO ORDERED.

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December 31, 2012
Dated: ______________

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HON. ELIZABETH D. LAPORTE
U.S. Magistrate Judge
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STIPULATION TO FILE AMENDED COMPLAINT - CASE NO.: 12-CV-5750 EDL