Keane et al v. McMullen et al

Filing 139

ORDER REOPENING CASE, CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 11/2/2011 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 8/17/11. (lrc, COURT STAFF) (Filed on 8/17/2011)

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James M. Wood (SBN 58679)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105
Telephone:
Facsimile:

[phone]
[phone]

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Attorneys for Plaintiffs
Robert Carl Patrick Keane and Chieko Strange

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT CARL PATRICK KEANE,
individually; and CHIEKO STRANGE,
individually,

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Plaintiffs,
vs.

No.: C 07 4894 SBA
JOINT STIPULATION REQUESTING
LIFT OF STAY AND STATUS
CONFERENCE
Before:

Hon. Saundra B. Armstrong

SETH M. MCMULLEN, PAUL ACCORNERO
and JOHN SILVA,
Defendants.

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No.: C 07 4894 SBA
JOINT STIPULATION REQUESTING LIFT OF STAY AND STATUS CONFERENCE

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WHEREAS, Plaintiffs Robert Carl Patrick Keane and Chieko Strange (“Plaintiffs”) filed this

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civil rights action on September 20, 2007 and filed the operative complaint in this action, the First

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Amended Complaint, on February 19, 2008;

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WHEREAS, Defendants Seth McMullen and John Silva filed motions for summary judgment
on June 24, 2008 and Defendant Paul Accornero joined in those motions on June 27, 2008;

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WHEREAS, Plaintiffs opposed those motions on August 5, 2008;

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WHEREAS, Defendant Paul Accornero filed a motion for summary judgment on December

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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22, 2008;
WHEREAS, Defendants Seth McMullen and Paul Accornero each filed an additional motion
for summary judgment on January 6, 2009;
WHEREAS, Plaintiffs opposed each of the Defendants’ motions for summary judgment on
January 20, 2009;
WHEREAS, on February 3, 2009 Defendants Seth McMullen and John Silva filed a motion

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to continue the trial date, on the basis of Seth McMullen’s deployment with the Army National

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Guard, and Defendant Paul Accornero joined in that motion on February 6, 2009;

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WHEREAS, Plaintiffs opposed that motion on February 4, 2009;

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WHEREAS, the Court, on the basis of Defendant Seth McMullen’s deployment, issued an

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order on February 11, 2009 finding as moot each of the motions for summary judgment pending

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before the Court, vacated the trial date, and issued a stay pending Defendant Seth McMullen’s return

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from active military service;

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WHEREAS, that order required Defendant Seth McMullen “notify the Court immediately

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upon the termination of his activity military status, as to what date will be the 90th day after the

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termination of his active military status”;

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WHEREAS, on May 21, 2011, Defendant Seth McMullen notified the Court that his “active

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military duty is terminated . . . .” and that the “90th day after the termination of Mr. McMullen’s

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active duty is July 20, 2011”;

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No.: C 07 4894 SBA JOINT STIPULATION REQUESTING LIFT OF STAY AND STATUS CONFERENCE

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NOW THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiffs Robert Carl

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Patrick Keane and Chieko Strange and Defendants Seth McMullen, John Silva, and Paul Accornero,

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to jointly request that the Court lift the stay on this case and set a status conference for as soon as the

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Court’s calendar will permit.

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IT IS SO STIPULATED:

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DATED: August 11, 2011.

REED SMITH LLP

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By /s/ James M. Wood
James M. Wood
Attorneys for Plaintiffs Robert Carl Patrick Keane
and Chieko Strange

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: August 11, 2011

MELINDA HAAG
United States Attorney

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By /s/ Abraham A. Simmons
Abraham A. Simmons
Assistant United States Attorney
Attorneys for Defendants Seth M. McMullen and
John Silva

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DATED: August 11, 2011

MEYERS NAVE
A Professional Law Corporation

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By /s/ Tricia Hynes
Tricia Hynes
Attorneys for Defendant Paul Accornero

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No.: C 07 4894 SBA JOINT STIPULATION REQUESTING LIFT OF STAY AND STATUS CONFERENCE

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ORDER

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IT IS HEREBY ORDERED THAT:

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The Clerk shall reopen the file.

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2.

The parties shall appear for a telephonic Case Management Conference on

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November 2, 2011at 3:00 p.m. Prior to the date scheduled for the conference, the parties

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shall meet and confer and prepare a joint Case Management Conference Statement. Plaintiff

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is responsible for filing joint statement no less than seven (7) days prior to the conference

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date. The joint statement shall comply with the Standing Order for All Judges of the

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Northern District of California and the Standing Orders of this Court. Plaintiff is responsible

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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for setting up the conference call. On the specified date and time, Plaintiff shall call (510)

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637-3559 with all parties on the line.

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IT IS SO ORDERED:

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DATED: 8/17/11
_________________________________________
The Honorable Sandra B. Armstrong
United States District Court Judge

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No.: C 07 4894 SBA JOINT STIPULATION REQUESTING LIFT OF STAY AND STATUS CONFERENCE

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