L.S. et al v. City of Oakland et al

Filing 27

ORDER re 26 granting STIPULATION TO CONTINUE CMC & 12(b)(6) HEARING DATES. Initial Case Management Conference set for 12/10/2009 02:00 PM. Motion Hearing set for 12/10/2009 02:00 PM.. Signed by Judge Claudia Wilken on 10/15/09. (scc, COURT STAFF) (Filed on 10/15/2009)

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JOHN L. BURRIS (State Bar No.: 69888) ADANTÉ D. POINTER (State Bar No. 236229) LAW OFFICES OF JOHN BURRIS Airport Corporate Center 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiff L.S., BY AND THROUGH HIS G.A.L. LAURIAN STUDESVILLE

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

) ) ) ) ) Plaintiff, ) ) v. ) CITY OF OAKLAND, a municipal ) ) corporation; WAYNE TUCKER, In his ) official capacity as Chief of Police for the City of Oakland, ALAN LEAL, individually, ) and in his official capacity a police officer for ) ) the City of Oakland; and City of Oakland ) police officers DOES 1-25, inclusive, ) ) Defendants. ) L.S., BY AND THROUGH HIS G.A.L. LAURIAN STUDESVILLE

Case No.: C 09-03004 CW STIPULATION & ORDER TO CONTINUE CMC & 12(b)(6) HEARING DATES

L.S. vs. CITY OF OAKLAND, et al. STIPULATION & [PROPOSED] ORDER TO CONTINUE CMC AND 12(b)(6) HEARING DATES

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THE PARTIES, BY AND THROUGH THEIR ATTORNEYS OF RECORD HEREBY, AGREE TO AND RESPECTFULLY REQUESTED, the Court continue the Initial Case Management Conference and the hearing on Defendant ALAN LEAL'S F.R.C.P 12(b)(6) Motion to Dismiss from the currently scheduled date of November 12, 2009 to December 10, 2009, or some later date that is convenient to the Court and the parties. Good cause for continuing the Initial Case Management Conference and Defendant LEAL's Motion to Dismiss is based upon the fact that Plaintiff's counsel is set to begin a jury trial before Magistrate Judge Joseph C. Spero on November 9, 2009. That trial is scheduled to last 5 days and hence plaintiff's counsel will be unavailable to attend the November 12, 2009, conference and hearing before this Court. In light of the foregoing, the parties, by and through their attorneys of record respectfully request this Court continue the November 12, 2009, to December 10, 2009, or some later date that is convenient to the Court and the parties.

Dated: October 12, 2009

LAW OFFICES OF JOHN L. BURRIS

/s/ ADANTE D. POINTER Counsel for the Plaintiff

Dated: October 12, 2009

CITY ATTORNEY'S OFFICE OF OAKLAND

/s/ CHARLES VOSE Counsel for the City of Oakland and Chief Wayne Tucker

L.S. vs. CITY OF OAKLAND, et al. STIPULATION & [PROPOSED] ORDER TO CONTINUE CMC AND 12(b)(6) HEARING DATES

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Dated: October 13, 2009

BURNHAM & BROWN

/s/ JAMES HIGA Counsel for the Alan Leal

ORDER The Initial Case Management Conference and the Hearing on Defendant Alan Leal's Motion to Dismiss shall be held on December 10, 2009, at 2 p.m. IT IS SO ORDERED. 15 Dated: October , 2009 CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

L.S. vs. CITY OF OAKLAND, et al. STIPULATION & [PROPOSED] ORDER TO CONTINUE CMC AND 12(b)(6) HEARING DATES

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