Freeman v. United States

Filing 26

JOINT STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS re 5 MOTION to Dismiss. Plaintiff's Opposition/Response due by 10/15/2013. Defendant's Reply due by 10/22/2013. Further Case Management Conference set for 11/20/20 13 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Motion Hearing set for 11/20/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 09/30/2013. (jmdS, COURT STAFF) (Filed on 9/30/2013)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2
ALEX G. TSE (CABN 152348)
3 Chief, Civil Division
4 REBECCA A. FALK (CSBN 226798)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant
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10 Welborn Freeman
276 Lee Street, #101
11 Oakland, CA 94610
12 Plaintiff, Pro Se
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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WELBORN FREEMAN,
Plaintiff,

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v.
UNITED STATES and DOES 1-10.
Defendant.

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CASE NO 13-02421 WHO
JOINT STIPULATION AND
ORDER CONTINUING
HEARING ON MOTION TO DISMISS

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JOINT STIPULATION AND ORDER TO CONTINUE MTD HEARING
13-2421 WHO

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STIPULATION

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Subject to the approval of the Court, Plaintiff pro se Welborn Freeman (“Plaintiff”) and Federal

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3 Defendant United States of America, by and through its counsel of record, hereby stipulate and agree as
4 follows:
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1.

Plaintiff filed the Complaint in this action on May 29, 2013. Dkt. No. 1.

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2.

In response to Plaintiff’s Complaint, Defendant has filed with this Court a Motion to

7 Dismiss. Dkt. No. 5.
3.

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Plaintiff declined to proceed before a United States Magistrate Judge and this matter was

9 reassigned to the Honorable William H. Orrick. Docket No. 10, 12.
4.

This Court scheduled a Case Management Conference for September 3, 2013. Dkt. No.

5.

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Plaintiff requested and this Court granted an extension of time to oppose Defendant’s

11 13.
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13 Motion to Dismiss until September 30, 2013. Defendant was given until October 7, 2013 to file a reply.
14 The hearing for the Motion to Dismiss was set for October 30, 2012. Dkt. No. 18.
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6.

The parties stipulated and this Court ordered that the Case Management Conference

16 would be held on November 5, 2013 at 2:00 p.m. Dkt. No. 23.
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7.

Counsel for the Defense has a business conflict on October 30, 2013, the date on which

18 the hearing on the Motion to Dismiss was rescheduled.
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8.

The parties hereby respectfully request that the hearing on the Motion to Dismiss be

20 continued until November 20, 2013 at 2 p.m., or as soon thereafter as is convenient for the Court. The
21 parties agree that Plaintiff shall have until October 15, 2013 to file his Opposition to Defendant’s
22 Motion to Dismiss to provide an additional opportunity for him to retain counsel. Defendant shall file
23 its reply no later than October 22, 2013.
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IT IS SO STIPULATED.

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JOINT STIPULATION AND ORDER TO CONTINUE MTD HEARING
13-2421 WHO

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1 Dated: September 23, 2013

Respectfully Submitted,

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MELINDA HAAG
United States Attorney

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/s/ Rebecca A. Falk
REBECCA A. FALK
Assistant United States Attorney

6 Dated: September ___, 2013

Respectfully Submitted,

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Welborn Freeman
Plaintiff, pro se

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ORDER

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Pursuant to the stipulation by the parties, and good cause having been shown, it is hereby ordered
that the hearing on Defendant’s Motion to Dismiss scheduled for October 30, 2013 will be continued
until November 20, 2013 or as soon thereafter as is convenient for the Court. Plaintiff’s Opposition is
due on October 15, 2013. Defendant’s reply is due on October 22, 2013.
Further, the Case Management Conference previously scheduled for November 5, 2013 will be
continued and held at the conclusion of the law and motion hearing on November 20, 2013.

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IT IS SO ORDERED.

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DATED: September 30, 2013
_____________________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND ORDER TO CONTINUE MTD HEARING
13-2421 WHO

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

WELBORN FREEMAN,

Case Number: CV13-02421 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
UNITED STATES et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on September 30, 2013, I SERVED a true and correct copy of the attached, by placing said
copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said
envelope in the U.S. Mail.

Welborn Freeman
276 Lee Street #101
Oakland, CA 94610

Dated: September 30, 2013
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk