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

Filing 35

ORDER re 33 granting STIPULATION To Continue Date For Defendant Alan Leal's Responsive Pleading. Signed by Judge Claudia Wilken on 12/21/09. (scc, COURT STAFF) (Filed on 12/21/2009)

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John J. Verber, State Bar No. 139917 James Y. Higa, State Bar No. 225683 BURNHAM BROWN A Professional Law Corporation P. O. Box 119 Oakland, California 94604 --1901 Harrison Street, 11th Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant ALAN LEAL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA L.S., by and through his guardian ad litem, LAURIAN STUDESVILLE, Plaintiffs, 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 capacity as a police officer for the City of Oakland; and City of Oakland police officers DOES 1-25, inclusive, Defendants. Case No. C09-03004 CW STIPULATION AND ORDER CONTINUE DATE FOR DEFENDANT ALAN LEAL'S RESPONSIVE PLEADING

WHEREAS, on July 2, 2009, Plaintiff filed his Complaint in the above-captioned matter; WHEREAS, on September 28, 2009, in lieu of an Answer to Plaintiffs' Complaint, Defendant ALAN LEAL filed a Motion to Dismiss Plaintiff's State Law Claims Under Rule 12(b)(6); /// ///
1 STIPULATION AND [PROPOSED] ORDER CONTINUE DATE FOR DEFENDANT ALAN LEAL'S RESPONSIVE PLEADING
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WHEREAS, on December 2, 2009, the Court issued an Order Granting with Leave to Amend Defendant Leal's Motion to Dismiss, permitting Plaintiff to amend his Complaint in accordance with the Order, such Amended Complaint to be filed within 21 days of the date of the Order; WHEREAS, on December 7, 2009, Plaintiff's counsel confirmed he will file an Amended Complaint on Plaintiff's behalf, pursuant to the Court's Order, on or before December 23, 2009; WHEREAS, any responsive pleading prepared by Defendant ALAN LEAL to Plaintiff's original Complaint--an obligation triggered by the Court's Order on the Motion to Dismiss-- will be rendered superfluous by Plaintiff's forthcoming filing of an Amended Complaint; THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, DO HEREBY STIPULATE, AGREE AND RESPECTFULLY SUBMIT TO THE COURT THAT: Defendant ALAN LEAL shall only be required to file a responsive pleading to Plaintiff's forthcoming Amended Complaint. The operative deadline for Defendant ALAN LEAL's filing of a responsive pleading shall be triggered by Plaintiff's filing of his Amended Complaint, set to occur on or before December 23, 2009.

IT IS SO STIPULATED. DATED: December 8, 2009 BURNHAM BROWN

By___________________________ JAMES Y. HIGA Attorneys for Defendant ALAN LEAL

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DATED: December ___, 2009

LAW OFFICES OF JOHN L. BURRIS

By___________________________ ADANTE D. POINTER Attorneys for Plaintiff L.S., by and through his guardian ad litem, LAURIAN STUDESVILLE
980304

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DATED: December _21__, 2009 ___________________________________________ HONORABLE CLAUDIA WILKEN JUDGE OF THE UNITED STATES DISTRICT COURT

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