Jones v. County of Contra Costa et al

Filing 35

STIPULATION AND ORDER Regarding Hearing Date as to 17 MOTION to Dismiss DEFENDANT COUNTY OF CONTRA COSTA'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, OR ALTERNATIVELY, STAY THE ACTION. Motion Hearing set for 4/11/2016 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 02/29/2016. (tmiS, COURT STAFF) (Filed on 2/29/2016)

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SHARON L. ANDERSON (SBN 94814)
County Counsel
NIMA E. SOHI (SBN 233199)
Deputy County Counsel
COUNTY OF CONTRA COSTA
651 Pine Street, Ninth Floor
Martinez, California 94553
Telephone: [phone]
Facsimile: [phone]
Electronic Mail: [e-mail]
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CHRISTOPHER JONES,

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No. C13-05552 TEH

v.

STIPULATION AND [PROPOSED]
ORDER REGARDING HEARING DATE
ON DEFENDANT’S MOTION TO
DISMISS (Docket No. 17)

COUNTY OF CONTRA COSTA
(CALIFORNIA) a municipality, SHAWN
WELCH, individually and as Deputy Sheriff
of Contra Costa County Sheriff’s Office,
SEAN BIRTCIL, individually and as
Deputy Sheriff of Contra Costa County
Sheriff’s Office, and DOES 1 through 50,
inclusive,

Crtrm: 2, 17th Floor
Judge: Hon. Thelton E. Henderson
Date Action Filed: December 2, 2013
Trial Date: None Assigned

Plaintiff,

Defendants.

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Pursuant to this Court’s Order issued on February 22, 2016, see ECF Doc. No. 33,

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Plaintiff CHRISTOPHER JONES, by and through his attorney of record, Daniel T.

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Pocklington of the Pocklington Law Offices, and Defendant COUNTY OF CONTRA

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COSTA, by and through its attorney of record, Deputy County Counsel Nima E. Sohi of the

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Contra Costa County Counsel’s Office, hereby file this stipulation for an order setting the

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hearing date on Defendant County of Contra Costa’s motion to dismiss Plaintiff’s First

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Amended Complaint. See ECF Doc. No. 17.
STIPULATION AND [PROPOSED] ORDER RE HEARING DATE ON
MOTION TO DISMISS (DOCKET NO. 17) – Case No. C13-05552 TEH
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RECITALS

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WHEREAS on December 2, 2013, Plaintiff filed a Complaint alleging violations of his

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civil rights pursuant to 42 U.S.C. § 1983, and state law causes of action under California law.
WHEREAS on January 16, 2014, Plaintiff filed a First Amended Complaint, alleging

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violations of his civil rights pursuant to 42 U.S.C. § 1983, and state law causes of action under

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California law. See ECF Doc. No. 14.
WHEREAS on January 30, 2014, Defendant County of Contra Costa filed a motion to

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dismiss the First Amended Complaint, or in the alternative to stay the action pending the

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conclusion of Plaintiff’s state court criminal matter. See ECF Doc. No. 17.
WHEREAS on April 11, 2014, this Court issued a stay of this action pending resolution

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of Plaintiff’s state court criminal case, and deferred ruling on Defendant’s arguments

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regarding dismissal. See ECF Doc. No. 29.
WHEREAS on February 22, 2016, this Court issued an Order lifting the stay of this

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action, and requested that the parties file a stipulation setting forth proposed hearing dates on

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Defendant’s pending motion to dismiss. See ECF Doc. No. 33.

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WHEREAS the parties, through counsel, have met and conferred and stipulate to a

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proposed hearing date of Monday April 11, 2016, on Defendant’s motion to dismiss, at 10

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a.m., in Courtroom 2, 17th Floor, in the above-entitled court, located at 450 Golden Gate

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Avenue, San Francisco, California. In the alternative, if April 11, 2016, is not convenient for

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the Court, the parties propose Monday April 25, 2016, at 10 a.m. for the hearing. All briefing

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has been completed on the motion to dismiss.

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STIPULATION

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The parties hereby stipulate that the hearing on Defendant’s motion to dismiss

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Plaintiff’s First Amended Complaint (Doc. No. 17), will be held on Monday April 11, 2016, at

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10 a.m. In the alternative, the parties stipulate to a hearing on Monday April 25, 2016, at 10

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a.m.

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//

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//
STIPULATION AND [PROPOSED] ORDER RE HEARING DATE ON
MOTION TO DISMISS (DOCKET NO. 17) – Case No. C13-05552 TEH
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DATED: February 26, 2016

POCKLINGTON LAW OFFICES

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By:

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/s/ Daniel T. Pocklington
DANIEL T. POCKLINGTON
Attorneys for Plaintiff

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DATED: February 26, 2016

SHARON L. ANDERSON
COUNTY COUNSEL

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By:
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/s/ Nima E. Sohi
NIMA E. SOHI
Deputy County Counsel
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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ATTORNEY ATTESTATION
I hereby attest that I have authorization from all of the above-named counsel to E-file
this statement, and this authority is reflected by the conformed signature (“/s/”) within this Efiled document.

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DATED: February 26, 2016
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SHARON L. ANDERSON
COUNTY COUNSEL
By:

/s/ Nima E. Sohi
NIMA E. SOHI
Deputy County Counsel
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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STIPULATION AND [PROPOSED] ORDER RE HEARING DATE ON
MOTION TO DISMISS (DOCKET NO. 17) – Case No. C13-05552 TEH
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[PROPOSED] ORDER

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Having considered the stipulation filed by the parties, and good cause appearing, the
Court hereby orders that the hearing on Defendant County of Contra Costa’s pending motion
to dismiss will be held on Monday April 11, 2016, at 10 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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02/29/2016
DATED: ____________________
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_________________________________
HON. THELTON E. HENDERSON
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RE HEARING DATE ON
MOTION TO DISMISS (DOCKET NO. 17) – Case No. C13-05552 TEH
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