Mengel et al v. City of San Leandro et al

Filing 12

STIPULATION AND ORDER EXTENDING DATE FOR CMC AND CHANGING HEARING DATE ON MOTION TO DISMISS AND BRIEFING SCHEDULE re 11 STIPULATION WITH PROPOSED ORDER. Case Management Statement due by 10/9/2013. Case Management Conference set for 10/16/2013 02 :00 PM in Courtroom 2, 17th Floor, San Francisco. Motion Hearing re 9 Motion to Dismiss set for 10/16/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 9/25/2013. Replies due by 10/2/2013. Signed by Judge William H. Orrick on 08/09/2013. (jmdS, COURT STAFF) (Filed on 8/9/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN MENGEL, et al

Case No. 3:13-cv-02542-WHO

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Plaintiffs,
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v.
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CITY OF SAN LEANDRO et al

STIPULATION EXTENDING DATE FOR CMC
AND CHANGING HEARING DATE ON
MOTION TO DISMISS AND BRIEFING
SCHEDULE

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Defendants.

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Honorable William H. Orrick

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Plaintiffs filed their Complaint on June 18, 2013 contending they were arrested without probable
cause. The defendant City of San Leandro filed a Motion to Dismiss on July 23, 2013 with a hearing
date of September 4, 2013. The Court then scheduled the initial Case Management Conference for
September 4, 2013 with a joint case management conference statement to be filed August 28, 2013.
The parties have immediately begun meeting and conferring on the issues raised in the Complaint
and may attempt an early resolution of the case given the cooperative exchange of case authority and
facts of the case that has already taken place. Attorney for the defendant City of San Leandro will be out
of the country with his family from August 16, 2013 until Monday September 2, 2013. To facilitate the
ongoing negotiations between the parties, as well as to comply with the current deadlines, more time is
necessary. The parties agree a continuance of the current briefing schedule, hearing date on the motion
to dismiss and preparation of the joint case management conference statement and case management
conference will facilitate a possible early resolution of the case and accommodate Mr. Fox’s travel
schedule. Based on this good cause the parties therefore respectfully stipulate as follows:
The Case Management Conference and hearing on the Motion to Dismiss be continued from
Wednesday September 4 to Wednesday October 16th, 2013.
A joint case management conference statement to be filed on or before Wednesday October 9,
2013. At the case management conference on October 16, 2013 the date for Rule 26 disclosures of
parties and witnesses will be scheduled by the Court along with all other pre-trial and trial dates and the
ADR process the parties will attend.
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STIPULATION EXTENDING DATE FOR CMC AND CHANGING HEARING DATE ON MOTION TO DISMISS AND
BRIEFING SCHEDULE

U.S. District Court Case No. 3:13-cv-02542-WHO

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Plaintiffs’ opposition to the pending motion to dismiss, if necessary, will be filed on or before
September 25, 2013. Reply brief, if necessary, will be filed October 2, 2013.
SO STIPULATED:

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Dated: August 6, 2013

Bruce W. Nickerson Attorney at Law

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By:

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/s/ Bruce Nickerson
Bruce W. Nickerson Esq.
Attorneys for Plaintiffs

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Dated: August 6, 2013

BERTRAND, FOX & ELLIOT

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By:

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/s/ Gregory M. Fox
Gregory M. Fox
Attorneys for Defendant
CITY OF SAN LEANDRO

ORDER
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Good cause appearing the Stipulation of the parties is SO ORDERED.
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The Case Management Conference and hearing on the Motion to Dismiss is continued from
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Wednesday September 4 to Wednesday October 16th, 2013.
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A joint case management conference statement shall be filed on or before Wednesday October 9,
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2013. At the case management conference on October 16, 2013 the date for Rule 26 disclosures of
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parties and witnesses will be scheduled by the Court along with all other pre-trial and trial dates and the
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ADR process the parties will attend.
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Plaintiffs’ opposition to the pending motion to dismiss, if necessary, will be filed on or before
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September 25, 2013. Reply brief, if necessary, will be filed October 2, 2013.
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Dated: August 9, 2013

________________________________
Honorable William H. Orrick
United States District Court Judge

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STIPULATION EXTENDING DATE FOR CMC AND CHANGING HEARING DATE ON MOTION TO DISMISS AND
BRIEFING SCHEDULE

U.S. District Court Case No. 3:13-cv-02542-WHO