Greer v. City of Hayward et al

Filing 53

ORDER granting 52 STIPULATION to extend deadline for dispositive motion hearing to 1/4/2017. Signed by Judge William H. Orrick on 10/11/2016. (jmdS, COURT STAFF) (Filed on 10/11/2016)

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MATTHEW D. HALEY (Bar No. 104493)
THE HALEY LAW OFFICES
1633 San Pablo Avenue
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
FULVIO F. CAJINA (Bar No. 289126)
LAW OFFICE OF FULVIO F. CAJINA
311 Oak Street, Suite 108
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
STANLEY GOFF (Bar No. 289564)
15 Boardman Place Suite 2
San Francisco, CA 94103
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH JAMES GREER

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Plaintiff,
v.

CASE NO. 3:15-cv-02307-WHO
JOINT STIPULATION RE: SCHEDULING
OF MOTIONS FOR SUMMARY
JUDGEMENT

CITY OF HAYWARD, BAY AREA RAPID
TRANSIT DISTRICT et al.,
Defendants.

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WHEREAS, the above-referenced case is set for trial on April 10, 2016;

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WHEREAS, the parties have a mediation set for October 26, 2016;

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WHEREAS, the parties have essentially completed fact discovery;

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WHEREAS, the parties agree that the mediation presents a helpful opportunity to resolve
the case but do not want to waive their right to bring Motions for Summary Judgment if the
matter does not resolve at mediation;

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STIPULATION RE: SCHEDULING OF MOTIONS FOR SUMMARY JUDGMENT; 1
PRPOSED ORDER
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WHEREAS the current court order requires Motions for Summary Judgment to be filed
no later than November 2, 2016;

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The parties request that the court amend the current order to allow for the mediation to

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proceed as scheduled and, should they be desired, Motions for Summary Judgment may be filed

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up until February 14, 2017.

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THEREFORE, the parties, by and through their respective attorneys of record, hereby jointly
stipulate and request that the Court make the following orders:

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1. The parties are to maintain the current mediation set for October 26, 2016;

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2. The time to file Motions for Summary Judgment is extended until February 14, 2017.

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IT IS SO STIPULATED

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Dated: October 10, 2016

THE HALEY LAW OFFICES

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By: __ __________/s/___
MATTHEW D. HALEY

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Attorneys for Plaintiff DAVID DUTCHER

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Dated: October 10, 2016

GILBERT, KELLY, CROWLEY & JENNETT LLP

By:

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__/s/_______________

OWEN ROONEY
Attorneys for Defendant BAY AREA RAPID
TRANSIT and JON TOUGAS

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Dated: October 10, 2016 CLAPP, MARONEY, VUCINICH, BEEMAN & SCHELEY
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By: _ _________/s/_________________________
JEFFREY M. VUCINICH__
Attorneys for Defendant CITY OF HAYWARD
and individual officers_______

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STIPULATION RE: SCHEDULING OF MOTIONS FOR SUMMARY JUDGMENT; 2
PRPOSED ORDER
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ORDER

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PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS

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FOLLOWS:

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1. The parties are to maintain the current mediation set for October 26, 2016;

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2. The time to file Motions for Summary Judgment is extended until November 30, 2016,

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with a hearing on the motions set for January 4, 2017.

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The parties’ proposed schedule would leave insufficient time between the Order on

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the motions for summary judgment and the pretrial conference. This revised schedule

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gives the parties more than a month from the mediation to file any motions if the case

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does not settle, and does not require briefing during the holidays.

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IT IS SO ORDERED

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Dated: October 11, 2016

By:
THE HONORABLE WILLIAM H. ORRICK
United States Senior District Judge

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STIPULATION RE: SCHEDULING OF MOTIONS FOR SUMMARY JUDGMENT; 3
PRPOSED ORDER
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