Sturgis v. Brady et al

Filing 49

ORDER by Judge Claudia Wilken ON DEFENDANTS' 48 MOTION FOR LEAVE TO ENLARGE TIME FOR DEFENDANTS TO FILE A FRCP 12(b)(6) MOTION TO DISMISS. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 9/18/2014)

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JAMES V. FITZGERALD, III (State Bar No. 55632)
NOAH G. BLECHMAN (State Bar No. 197167)
LAURA A. COX (State Bar No. 296147)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
City of San Pablo, Officer Robert Brady

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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NORTHERN DISTRICT OF CALIFORNIA

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Lamos Wayne Sturgis,

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Plaintiff,
vs.
Officers Robert Brady, Neece Lafayette,
Perilla, and McDevitt of the City of San
Pablo Police Department; City of San
Pablo,

Case No. C08-5363 SBA
ORDER ON DEFENDANTS' MOTION
FOR LEAVE TO ENLARGE TIME FOR
DEFENDANTS TO FILE A FRCP 12(b)(6)
MOTION TO DISMISS
Judge: Saundra Brown Armstrong

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Defendant.
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San Pablo Defendants’ Motion for Leave to Enlarge Time for Defendants to File a FRCP

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12(b)(6) Motion to Dismiss per N.D. Cal. Civil Local Rule 6-3, came before this Court. Good

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cause having been shown, and after full consideration of the moving papers and supporting

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documents, and any opposition and opposing arguments, the Court finds that San Pablo

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Defendants’ motion is hereby GRANTED.

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The Court finds that there are good reasons to enlarge time for 30 days and there would be

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prejudice and harm to San Pablo Defendants if the September 22, 2014, deadline was not

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extended. Furthermore, San Pablo Defendants made an effort to obtain Plaintiff Lamos Sturgis’

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stipulation to enlarge time, doing so would not alter the scheduling of this case, and there have

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not been any other dates that have been moved.

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ACCORDINGLY, IT IS HEREBY ORDERED that
PROPOSED ORDER ON DEFENDANTS'
MOTION FOR LEAVE

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San Pablo Defendants are granted leave to enlarge time for 30 days or up to and including
October 22, 2014 to file their FRCP 12(b)(6) Motion to Dismiss.
IT IS SO ORDERED.

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Dated: 9/18/2014
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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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_______________________
Hon. Saundra Brown Armstrong
Magistrate Judge

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PROPOSED ORDER ON DEFENDANTS'
MOTION FOR LEAVE

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