Moore v. City of Berkeley et al

Filing 25

ORDER granting 24 STIPULATION RE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS/STRIKE filed by City of Berkeley. Reset Deadlines as to 19 MOTION to Dismiss THE FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UNDER FRCP 12(B)(6) and (2)STRIKE IMPROPER ALLEGATIONS IN 2nd AND 3rd CAUSES OF ACTION UNDER FRCP (12)(F), Signed by Judge Charles R. Breyer on 8/11/2014. Replies due by 8/22/2014(beS, COURT STAFF) (Filed on 8/14/2014)

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1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 Zach Cowan, City Attorney, SBN 96372 Matthew J. Orebic, Deputy City Attorney, SBN 124491 Lynne Bourgault, Deputy City Attorney, SBN 180416 BERKELEY CITY ATTORNEY’S OFFICE 2180 Milvia Street, Fourth Floor Berkeley, CA 94704 Telephone: (510) 981-6998 Attorneys for Defendants CITY OF BERKELEY, BROWN, TU, SMITH, MATHIS, GARDNER, KASTMILER, PHILIPS, and CARDOZA John L. Burris, SBN 69888 Adante D. Pointer SBN 236229 LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, 1120 Oakland, CA 94621 Telephone: (510) 839-5200 Attorneys for Plaintiffs The ESTATE OF XAVIER MOORE and ARTHUR MOORE UNITED STATES DISTRICT COURT 13 14 15 16 17 18 19 20 21 22 23 NORTHERN DISTRICT OF CALIFORNIA ARTHUR MOORE, individually and as successor in interest of XAVIER ‘KAYLA’ MOORE, Plaintiffs, v. Case No. 3:14-cv-00669-CRB STIPULATION AND ORDER ORDER RE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS/STRIKE CITY OF BERKELEY, OFFICER G. BROWN, OFFICER K. TU, OFFICER B. SMITH, OFFICER B. MATHIS, OFFICER T. GARDNER, OFFICER N. KASTMILER, OFFICER A. PHILIPS, B. CARDOZA, and DOES 1-50, Defendants. 24 25 The parties, by and through their respective attorneys of record, hereby stipulate that 26 Defendants City of Berkeley, Gwendolyn Brown, et. al., shall have until August 22, 2014 to file their 27 Reply Brief in support of their Motion to Dismiss the First Amended Complaint for Failure to State a 28 Case No. 3:14-cv-00669-CRB 1 Claim Under FRCP 12(b)(6) and Strike Improper Allegations, currently scheduled for hearing on 2 September 26, 2014 at 10:00 a.m. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 7 Respectfully submitted: Dated: August 7 , 2014 By: 9 10 /s/ LYNNE S. BOURGAULT Attorneys for Defendants By: 8 /s/ ADANTE POINTER Attorney for Plaintiff Dated: August 7, 2014 11 12 13 _____________________________________ D United States District RDERE SO O Judge RT 20 J ER H 21 N 22 23 24 25 26 27 28 2 R NIA . Breyer arles R udge Ch NO 19 IT IS FO 18 LI DATED: Augut 11, 2014 A 17 S DISTRICT TE C TA RT U O 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. S 15 UNIT ED 14 Case No. 3:14-cv-00669-CRB F D IS T IC T O R C

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