Daniel et al v. City of Antioch et al

Filing 20

ORDER VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT; GRANTING LEAVE FOR THE FILING OF A SECOND AMENDED COMPLAINT, AND CONTINUING CASE MANAGEMENT CONFERENCE; DEEMING DEFENDANTS' MOTION TO DISM ISS WITHDRAWN, WITHOUT PREJUDICE. The hearing on defendants' motion to dismiss, currently set for July 26, 2013, is vacated, leave is granted for plaintiffs to file a Second Amended Complaint by August 1, 2013, with a rseponsive pleading du e 21 days thereafter, and the Case Management Conference is continued from July 19, 2013 to September 13, 2013. Defendants' motion to dismiss is deemed withdrawn, without prejudice to refiling in the event plaintiffs do not file a Second Amended Complaint. Signed by Judge Maxine M. Chesney on July 11, 2013. (mmclc1, COURT STAFF) (Filed on 7/11/2013)

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Sanjay S. Schmidt SBN 247475
LAW OFFICE OF SANJAY S. SCHMIDT
1686 Second St., Suite 219
Livermore, California 94550
Ofc. Phone: [phone]
Facsimile:
[phone]
e-mail: [e-mail]

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Joseph S. May SBN 245924
LAW OFFICE OF JOSEPH S. MAY
22 Battery Street, Suite 810
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]
Attorneys for Plaintiffs
LILAY INC., KEBRON DANIEL, and PEARL MICHELLE MOYA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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vs.
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CITY OF ANTIOCH, a municipal
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corporation, ANTIOCH POLICE
OFFICERS Devany Dee, Individually, Rick )
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Smith, Individually, John Fortner,
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Individually, and Nahleen Cloninger,
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Individually, and DOES 1 THROUGH 30, )
Jointly and Severally,
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Defendants.
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KEBRON DANIEL, LILAY INC., and
PEARL MICHELLE MOYA

Case No. CV 13-01084 MMC
[PROPOSED] ORDER, VACATING
HEARING ON DEFENDANTS’
MOTION TO DISMISS PLAINTIFFS’
FIRST AMENDED COMPLAINT,
GRANTING LEAVE FOR THE FILING
OF A SECOND AMENDED
COMPLAINT, AND CONTINUING
CASE MANAGEMENT CONFERENCE ;
DEEMING DEFENDANTS' MOTION TO
DISMISS WITHDRAWN, WITHOUT
PREJUDICE

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Having considered the parties’ Stipulated Request, and good cause appearing therefor,

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IT IS HEREBY ORDERED that the stipulated request is GRANTED.

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The hearing on Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint,

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currently set for July 26, 2013, at 9:00 a.m., is VACATED; leave is granted to Plaintiffs to file a
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[PROPOSED] ORDER, VACATING HEARING ON DEFENDANTS’ MOTION, GRANTING LEAVE FOR
FILING OF SECOND AMENDED COMPLAINT, & CONTINUING CMC: CASE NO. CV-13-01084 MMC

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Second Amended Complaint by August 1, 2013, with a responsive pleading by Defendants due

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21-days thereafter; and, the Case Management Conference (“CMC”), currently set for July 19,

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2013, is continued to September 13, 2013, at 10:30 a.m., in Courtroom No. 7, on the 19th Floor

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of the San Francisco division of the U.S. District Court, Northern District. A Joint Case
Management Conference Statement shall be filed by the parties on or before September 6, 2013,
one week before the September 13, 2013 CMC. A schedule for Federal Rules of Civil Procedure,
Rule 26(a)(1) disclosures will be discussed and set at the September 13, 2013 Case Management

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Conference.
IT IS FURTHER ORDERED that defendants' motion to dismiss is deemed withdrawn,
without prejudice to refiling in the event plaintiffs do not file a Second Amended Complaint.
IT IS SO ORDERED.
DATED: July __, 2013
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_________________________
HON. MAXINE M. CHESNEY
United States District Judge

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[PROPOSED] ORDER, VACATING HEARING ON DEFENDANTS’ MOTION, GRANTING LEAVE FOR
FILING OF SECOND AMENDED COMPLAINT, & CONTINUING CMC: CASE NO. CV-13-01084 MMC