Mahan v. Perez et al

Filing 112

STIPULATION AND ORDER re 111 STIPULATION WITH PROPOSED ORDER for Extension of Time to File Reply in Support of Motion to Dismiss filed by PAA Chudavala, Kotlyard, Merrill Michael, City of New York. Signed by Judge Jon S. Tigar on October 24, 2016. (wsn, COURT STAFF) (Filed on 10/24/2016)

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1 2 3 4 5 6 7 LINDA M. ROSS (SBN 133874) lross@publiclawgroup.com STEVEN P. SHAW (SBN 242593) sshaw@publiclawgroup.com RENNE SLOAN HOLTZMAN SAKAI LLP 1220 Seventh Street, Suite 300 Berkeley, California 94710 Telephone: (510) 995-5800 Facsimile: (415) 678-3838 Attorneys for Defendant CITY OF NEW YORK, MICHAEL MERRILL MALTIBEN CHUDAVALA MICHAEL KOTLYAR 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 SAN FRANCISCO DIVISION CHAUNCEY M. MAHAN, 13 14 15 16 17 18 19 20 21 Case No.: 3:16-cv02024-JST Plaintiff, STIPULATION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS; [PROPOSED] ORDER vs. Juan Perez; Miles Cooley; Jordan W. Siev, and The Law Firm of Reed Smith; CITY OF LOS ANGELES, a municipal corporation; Los Angeles Police Department; Officer Shepal, officer; Beth Sheppard, Detective; Tim Torsney, Lieutenant; Harvey Martin, Detective; Any Other Unknown Officers; in their official capacities; CITY OF NEW YORK, a municipal corporation; New York Police Department; Merrill Michael, Sergeant; PAA Chudavala, Officer; Lt. Kotlyard, Lieutenant; Any Other Unknown Officers; in their official capacities, 22 Date: November 3, 2016 Time: 2:00 p.m. Place Courtroom 9, 19th Floor 450 Golden Gate Ave. San Francisco, CA Action Filed: April 18, 2016 Amended Complaint Filed: April 25, 2016 Judge: (Hon.) Jon S. Tigar Defendants. 23 STIPULATION 24 25 WHEREAS: 26 1. Defendants City of New York, Michael Merrill, Maltiben Chudavala and Michael 27 Kotlyar (“City defendants”) filed a Motion to Dismiss the First Amended Complaint on September 28 12, 2016. No.: 3:16-cv02024-JST -1- STIPULATION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS 2. 1 Plaintiff Chauncey Mahan (“Plaintiff”) filed a Motion for Extension of Time to 2 Respond to the City defendants’ motion on October 3, 2016. 3. 3 The City defendants did not file an opposition to Plaintiff’s Motion for Extension of 4 Time, and on October 5, 2016, the Court granted Plaintiff’s request, providing him with an extension 5 until October 17, 2016 to file his opposition to City defendants’ motion. Plaintiff then filed his 6 opposition on October 17, 2016. 4. 7 Based on the October 17, 2016 filing date, in accordance with Local Rule 7-3, the 8 City defendants’ new deadline for their reply brief is October 24. 5. 9 While the City defendants’ have attempted to complete their reply brief by the 10 October 24 deadline, counsel for the City defendants has informed Plaintiff that both the City of 11 New York’s Office of Corporation Counsel and outside counsel for defendants had prior 12 commitments scheduled during the week preceding this new October 24 deadline and, accordingly, 13 necessitate a one-week extension of time in order to complete their reply, i.e., until October 31, 14 2016. 15 6. Plaintiff has courteously agreed to the City defendants’ requested extension. 16 7. The hearing on City defendants’ motion is currently set for November 3, 2016. (The 17 parties defer to the Court regarding whether additional time is needed for a disposition on City 18 defendants’ motion.) 19 NOW, THEREFORE, IT IS STIPULATED AND AGREED that the City of New York 20 Michael Merrill, Maltiben Chudavala and Michael Kotlyar’s reply in support of their Motion to 21 Dismiss shall be due on October 31, 2016. 22 23 Dated: October 21, 2016 RENNE SLOAN HOLTZMAN SAKAI LLP 24 By: /s/ Steven P. Shaw Steven P. Shaw Attorneys for Defendants CITY OF NEW YORK, MICHAEL MERRILL, MALTIBEN CHUDAVALA AND MICHAEL KOTLYAR 25 26 27 28 No.: 16-cv02024-JST -2- STIPULATION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS 1 Dated: October 21, 2016 CHAUNCEY MAHAN 2 By: 3 4 /s/ Chauncey M. Mahan Chauncey Mahan Pro Se Plaintiff 5 6 [PROPOSED] ORDER 7 PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO 8 9 ORDERED. 10 11 Dated: October ___, 2016 24 12 By: 13 The Honorable Jon S. Tigar United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No.: 16-cv02024-JST -3- STIPULATION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS

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