Van Dusen v. City of Oakland et al

Filing 137

ORDER RE SERVICE AND SETTING HEARING RE DISMISSAL, CASE REMAINS STAYED OTHERWISE. Responses due by 9/29/2014. Replies due by 10/6/2014. Motion Hearing set for 10/16/2014 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Signed by Judge Vince Chhabria on 7/30/2014. (knm, COURT STAFF) (Filed on 7/30/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JAN VAN DUSEN,

Case No. 13-cv-05023-VC

Plaintiff,
8
v.

ORDER

9
10

CITY OF OAKLAND, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13

The plaintiff is ordered to serve all remaining defendants by September 2, 2014. The

14

plaintiff is further ordered to file a brief of no more than 15 pages addressing the question whether

15

all or part of her lawsuit should be dismissed under Heck v. Humphrey, 512 U.S. 477 (1994). This

16

brief is due September 15, 2014. Any defendant may file a response of no more than 15 pages by

17

September 29, 2014. The plaintiff may file a reply of no more than 10 pages by October 6, 2014.

18

A hearing on whether the case should be dismissed in whole or in part under Heck is scheduled for

19

October 16, 2014 at 10 a.m. The Court will notify the parties in advance if it determines that a

20

hearing is unnecessary for purposes of deciding this question. Aside from service of the

21

remaining defendants and litigating the question whether the case should be dismissed in whole or

22

in part under Heck, the case remains stayed. The defendants are not required to answer or

23

otherwise respond to the complaint while the stay remains in place.

24
25
26
27
28

IT IS SO ORDERED.
Dated: July 30, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JAN VAN DUSEN,

Case No. 13-cv-05023-VC

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

CITY OF OAKLAND, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13
14
15

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 7/30/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

16
17

N. Lewis
13410 Bellamy Brother Blvd.
Dade City, FL 33525

18
19
20

Dated: 7/30/2014

21
22

Richard W. Wieking
Clerk, United States District Court

23
24
25
26

By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

27
28
2