Cody et al v. City of Albany et al

Filing 51

ORDER re First Amended Complaint due by 12/16/2013, response to FAC no later than1/20/2014. Signed by Judge Charles R. Breyer on 12/6/2013. (beS, COURT STAFF) (Filed on 12/10/2013)

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JAMES G. GILLILAND, JR. (SBN 107988)
[e-mail]
MAUREEN A. SHEEHY (SBN 129859)
[e-mail]
BENJAMIN KLEINMAN-GREEN (SBN 261846)
[e-mail]
KILPATRICK TOWNSEND & STOCKTON LLP
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

WILLIAM E. MOSLEY (SBN 280495)
[e-mail]
MATTHEW J. MEYER (SBN 284578)
[e-mail]
KILPATRICK TOWNSEND & STOCKTON
LLP
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]

OSHA NEUMANN (SBN 127215)
[e-mail]
ELISA DELLA-PIANA (SBN 226462)
[e-mail]
CHRISTOPHER A. DOUGLAS (SBN 239556)
[e-mail]
EAST BAY COMMUNITY LAW CENTER
3130 Shattuck Avenue
Berkeley, CA 94705
Telephone: [phone]
Facsimile: [phone]

PATRICIA E. WALL (SBN 142476)
[e-mail]
DAVID P. WAGGONER (SBN 242519)
[e-mail]
RON S. HOCHBAUM (SBN 282344)
[e-mail]
HOMELESS ACTION CENTER
3126 Shattuck Avenue
Berkeley, CA 94705
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KATHERINE CODY; PATRICIA MOORE;
18 ROBERT WHARTON; APRIL ANTHONY;
LARRY CABRERA; JOSEPH ROSE;
19 STEPHANIE RINGSTAD; ALEXANDER
RICHARD WILSON, TAMARA ROBINSON,
20 PHILIP WILLIAM LEWIS and ALBANY
HOUSING ADVOCATES, a California non21 profit public benefit corporation,

STIPULATION AND ORDER
REGARDING AMENDMENT TO
COMPLAINT AND TIMING OF
RESPONSIVE PLEADING

Plaintiffs,

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CASE NO. C 13-05270 CRB

v.

24 CITY OF ALBANY; ALBANY POLICE
DEPARTMENT; and MIKE MCQUISTON, in
25 his official capacity as Chief of Police;
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Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT TO COMPLAINT
AND TIMING OF RESPONSIVE PLEADING
CASE NO. C 13-05270 CRB

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Plaintiffs Katherine Cody, Patricia Moore, Robert Wharton, April Anthony, Larry Cabrera,

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Joseph Rose, Stephanie Ringstad, Alexander Wilson, Tamara Robinson and Phillip Lewis, and

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Albany Housing Advocates (collectively, “Plaintiffs”) and Defendants the City of Albany, Albany

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Police Department, and Mike McQuiston, in his official capacity as Chief of Police, (collectively,

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“Defendants”), by and through their undersigned counsel, hereby stipulate as follows:

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WHEREAS Plaintiffs filed a Complaint in this matter on November 13, 2013 and served it
on Defendants that same day;
WHEREAS Defendants have not yet filed or served a response to the Complaint;
WHEREAS Plaintiffs desire to amend the Complaint to reflect new facts, revise the

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asserted causes of action, add new plaintiffs and/or claims for relief, and otherwise take into

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account developments since the Complaint was filed;

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WHEREAS Fed. R. Civ. P. 15 provides this Court with broad discretion to allow amended
pleadings and to schedule responses to those pleadings;
WHEREAS an initial case management conference is scheduled for February 14, 2014,
and the Parties do not now seek to change that date;

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WHEREAS Defendants do not object to Plaintiffs filing an amended complaint,

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THEREFORE, Plaintiffs and Defendants stipulate and agree on the following, and request

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an Order permitting (1) Plaintiffs to file a First Amended Complaint on or by December 16, 2013,

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and (2) Defendants to respond to this amended complaint no later than January 20, 2014.

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Dated: December 3, 2013

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Maureen A. Sheehy
MAUREEN A SHEEHY
Attorneys for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT TO COMPLAINT
AND TIMING OF RESPONSIVE PLEADING
CASE NO. C 13-05270 CRB

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Dated: December 3, 2013

Respectfully submitted,
RICHARDS, WATSON & GERSHON

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By: /s/ Toussaint S. Bailey
TOUSSAINT S. BAILEY
Attorneys for Defendants

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FILER’S ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, I, Maureen A Sheehy, attest that
concurrence in the filing of the document has been obtained from the other signatory. I declare
under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct. Executed this 3rd day of December 2013, at San Francisco, California.

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/s/ Maureen A. Sheehy

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Maureen A. Sheehy

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT TO COMPLAINT
AND TIMING OF RESPONSIVE PLEADING
CASE NO. C 13-05270 CRB

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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FO

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United States District Senior Judge
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R. Brey
Charles
Judge

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D
RDERE
S SO O
CHARLES R. BREYER
IT I

R NIA

DATED: December 6, 201
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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT TO COMPLAINT
AND TIMING OF RESPONSIVE PLEADING
CASE NO. C 13-05270 CRB

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