Cardenas et al v. City Of Oakland et al

Filing 20

ORDER GRANTING MOTION TO SUPPLEMENT COMPLAINT TO ASSERT NEW PATENT AND VACATING HEARING, Set/Reset Deadlines as to 9 MOTION to Dismiss Plaintiffs' Complaint., Motions terminated: 19 STIPULATION WITH PROPOSED ORDER filed by Rita Cardenas. Motion Hearing set for 1/12/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Case Management Statement due by 1/5/2017. Initial Case Management Conference set for 1/12/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 11/29/16. (whalc1, COURT STAFF) (Filed on 11/29/2016)

5

JOHN L. BURRIS, ESQ., SBN 69888
LATEEF GRAY, ESQ., SBN 250055
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]

6

Attorney for Plaintiffs

1
2
3
4

7
8

7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]

The Law Offices of John L. Burris

9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14
15

CASE NO.: 3:16-cv-05205-WHA

RITA CARDENAS, an individual; L.V., by and
through her Guardian Ad Litem RUBY
CARDENAS; L.M., by and through her
Guardian Ad Litem RUBY CARDENAS; and
DAVID ORTIZ, an individual,

STIPULATION AND [PROPOSED
ORDER] TO CONTINUE CASE
MANAGEMENT CONFERENCE &
HEARING ON DEFENDANT COUNTY OF
ALAMEDA’S MOTION TO DISMISS

16

Plaintiffs,

17
18

vs.

19
20
21
22
23

COUNTY OF ALAMEDA, a municipal
corporation; CITY OF OAKLAND, a municipal
corporation; SCOTT SEDER, RICHARD
COGLIO, VICTOR GARCIA, and DOES 1-25,
individually and in their official capacities,
Defendants.

24
25
26
27

TO THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
IT IS HEREBY STIPULATED by and between Plaintiffs RITA CARDENAS, L.V. and
L.M., by and through their Guardian Ad Litem RUBY CARDENAS, and DAVID ORTIZ and

28
STIPULATION AND [PROPOSED ORDER] TO CONTINUE CASE MANAGEMENT CONFERENCE & HEARING ON
DEFENDANT’S MOTION TO DISMISS
1

1

Defendants COUNTY OF ALAMEDA, CITY OF OAKLAND, SCOTT SEDER, RICHARD

2

COGLIO & VICTOR GARCIA, through their counsel of record, as follows:
WHEREAS, Counsel for Plaintiff is unable to appear at the hearing on Defendant’s

3
4

Motion to Dismiss presently set for December 8, 2016 at 8:00 a.m. and the Case Management

5

Conference set for December 8, 2016 at 11:00 a.m. before the Honorable Judge Alsup due to a

6

pre-existing jury trial in another matter.
Counsel for Plaintiff has a jury trial scheduled in the matter of the People of the State of

7

7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]

California v. Gary Miller (Superior Court Number 1840941-1) in Contra Costa County Superior

9
The Law Offices of John L. Burris

8

Court.

10
11

///
The parties agree that it is in the interests of judicial economy and justice, and that all

12
13

would benefit from a continuance of the hearing on Defendant County of Alameda’s Motion to

14

Dismiss and the Case Management Conference to January 12, 2017, or at a time that suits the

15

Court.

16

The briefing schedule is to remain unchanged.

17
18

Dated: November 28, 2016

LAW OFFICES OF JOHN L. BURRIS

/s/ Lateef H. Gray
LATEEF H. GRAY
Attorney for Plaintiffs

19
20

.

21
22
23
24
25
26
27

Dated: November 28, 2016

BERTRAND, FOX, ELLIOT, OSMAN
&WENZEL
*/s/ Amy Leifur Halby________________
AMY LEIFUR HALBY
Attorney for Defendant
County of Alameda
*Ms. Halby has given permission for this
document to be filed electronically.

28
STIPULATION AND [PROPOSED ORDER] TO CONTINUE CASE MANAGEMENT CONFERENCE & HEARING ON
DEFENDANT’S MOTION TO DISMISS
2

1
2
3
4
5

Dated: November 28, 2016

OAKLAND CITY ATTORNEY’S OFFICE
*/s/ Kimberly A. Bliss_______________
KIMBERLY A. BLISS
Attorney for Defendant
CITY OF OAKLAND, SCOTT SEDER, RICHARD
COGLIO AND VICTOR GARCIA
*Ms. Bliss has given permission for this
document to be filed electronically.

6
7
8

7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]

The Law Offices of John L. Burris

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED ORDER] TO CONTINUE CASE MANAGEMENT CONFERENCE & HEARING ON
DEFENDANT’S MOTION TO DISMISS
3

1

[PROPOSED] ORDER

2

PURSUANT TO THE ABOVE STIPULATION, and GOOD CAUSE APPEARING, the

3

hearing on Defendant’s Motion to dismiss is continued to January 12, 2017 at

4

8:00 a.m.
________________. The briefing schedule is to remain unchanged.

5
6

The case management conference shall occur at the same time.
SO ORDERED.

7
8

29
Dated: November ____, 2016

__________________________________
Honorable Judge Alsup

7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]

The Law Offices of John L. Burris

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED ORDER] TO CONTINUE CASE MANAGEMENT CONFERENCE & HEARING ON
DEFENDANT’S MOTION TO DISMISS
4