Mengel et al v. City of San Leandro et al

Filing 14

STIPULATION FOR ORDER AND ORDER TAKING MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE OFF CALENDAR PENDING FILING OF STIPULATION FOR ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE BECAUSE MATTER HAS SETTLED re 13 Stipulation. Further Case Management Conference set for 11/26/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 09/23/2013. (jmdS, COURT STAFF) (Filed on 9/23/2013)

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Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CITY OF SAN LEANDRO

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UNITED STATES DISTRICT COURT

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STEVEN MENGEL, et al

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NORTHERN DISTRICT OF CALIFORNIA
Case No. 3:13-cv-02542-WHO

Plaintiffs,

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v.

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CITY OF SAN LEANDRO et al

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Defendants.

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STIPULATION FOR ORDER AND ORDER
TAKING MOTION TO DISMISS AND INITIAL
CASE MANAGEMENT CONFERENCE OFF
CALENDAR PENDING FILING OF
STIPULATION FOR ORDER OF DISMISSAL OF
ENTIRE ACTION WITH PREJUDICE BECAUSE
MATTER HAS SETTLED
Hon. William H. Orrick

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The parties acting by and through their attorneys stipulate for an Order as follows.

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1.

The parties have settled the entire action and are preparing the necessary settlement papers

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to be executed by the parties including a Stipulation for Order of Dismissal Entire Action With Prejudice

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Each Side To Bear Their Own Fees and Costs.

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2.

Defendant's Motion to Dismiss scheduled for hearing October 16, 2013 to be taken off

calendar pending filing of the Stipulation for Order of Dismissal.
3.

The Initial Case Management Conference scheduled for hearing October 16, 2013 to be

taken off calendar pending filing of the Stipulation for Order of Dismissal.
4.

Further status conference re Status of Filing Dismissal of Entire Action scheduled for

November 27, 2013. The parties believe the stipulation will be filed in the next several weeks.
So Stipulated:

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STIPULATION FOR ORDER AND ORDER TAKING MOTION TO DISMISS AND INITIAL CMC OFF CALENDAR
PENDING FILING OF STIPULATION FOR ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE
BECAUSE MATTER HAS SETTLED - U.S. District Court Case No. 3:13-cv-02542-WHO

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Dated: September 23, 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: September 23, 2013

BERTRAND, FOX & ELLIOT

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By:

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/s/ Gregory M. Fox
Gregory M. Fox
Attorneys for Defendants
CITY OF SAN LEANDRO et al

CERTIFICATE OF CONCURRENCE

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I, Gregory M. Fox, declare:

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Pursuant to Local Rule No. 5-1(i)(3) I have obtained the concurrence of Mr. Nickerson in the

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filing of this document to show his signature as /s/ on this pleading, which shall serve in lieu of his

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signature on the documents.

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I declare under penalty of perjury under the laws of the State of California that the foregoing is

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true and correct and that this declaration is executed at San Francisco, California, on September 23, 2013

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/s/ Gregory M. Fox ___________
Gregory M. Fox, Esq.

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STIPULATION FOR ORDER AND ORDER TAKING MOTION TO DISMISS AND INITIAL CMC OFF CALENDAR
PENDING FILING OF STIPULATION FOR ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE
BECAUSE MATTER HAS SETTLED - U.S. District Court Case No. 3:13-cv-02542-WHO

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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 scheduled for
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Wednesday October 16th, 2013 are both off calendar based on the settlement of the entire action. Further
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status conference re Status of filing Dismissal of Entire Action with Prejudice is scheduled for Tuesday,
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November 26, 2013.
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Dated: September 23, 2013

________________________________
Honorable William H. Orrick
United States District Court Judge

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STIPULATION FOR ORDER AND ORDER TAKING MOTION TO DISMISS AND INITIAL CMC OFF CALENDAR
PENDING FILING OF STIPULATION FOR ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE
BECAUSE MATTER HAS SETTLED - U.S. District Court Case No. 3:13-cv-02542-WHO