Schiff et al v. Barrett et al

Filing 71

STIPULATION AND ORDER TO CONTINUE MOTION TO DISMISS HEARING re 70 Stipulation filed by Frederick Schiff. Signed by Judge Phyllis J. Hamilton on 10/26/10. (nah, COURT STAFF) (Filed on 10/26/2010)

1 LAW OFFICE OF THOMAS K. BOURKE Thomas K. Bourke (SBN 56333) 2 [e-mail] Rizwan R. Ramji (SBN 210576) 3 [e-mail] 601 West Fifth Street, Eighth Floor 4 Los Angeles, CA 90071-2094 Telephone: [phone] Facsimile: [phone] 6 Attorney for Plaintiff Frederick Schiff. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 /// 24 /// 25 /// 26 27 28 vs. TERESA BARRETT, et al., Defendant. FREDERICK SCHIFF, Plaintiff, STIPULATION TO CONTINUE MOTION TO DISMISS HEARING; [PROPOSED] ORDER THEREON Complaint filed: March 11, 2010 Second Amended Complaint Filed: August 13, 2010 Date: November 3, 2010 Honorable: Phyllis J. Hamilton Time: 2:00 p.m. Place: Courtroom 3, 3rd Floor Federal Building, 1301 Clay Street, Oakland, CA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA-

CASE NO. C10-01051 PJH

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1 PETITION FOR WRIT OF ADMINISTRATIVE MANDATE AND/OR PROHIBITION

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IT IS STIPULATED BY THE PARTIES AS FOLLOWS: Plaintiff Frederick Schiff and Defendants City and County of San Francisco, the individually

3 named Police Commissioners, Marshall, Mazzucco, DeJesus, Onek, Pan, and Hammer in their 4 individual capacities, and San Francisco Police Captain Teresa Barrett in her individual capacity, by and 5 through their counsel, hereby jointly stipulate to continue the Defendants' Motion to Dismiss hearing 6 date as follows: 7 8 9 10 11 WHEREAS, the current Defendants' Motion to Dismiss hearing in the above-references matter is schedule to commence on November 3, 2010 at 9:00 a.m.; WHEREAS, the Parties have agreed and desire to continue the current November 3, 2010 Motion to Dismiss hearing date to November 24, 2010. If this date is not available, the Parties agree to

12 continue the matter to December 8, 2010. 13 WHEREFORE, based upon the foregoing, the Parties hereby stipulate and respectfully request 14 15 16 17 18 Dated: October 25, 2010 19 20 21 22 23 24 25 26 27 28 Law Office of Thomas K. Bourke By: /s/ Thomas K. Bourke THOMAS K. BOURKE Attorney for Plaintiff Frederick Schiff DENNIS J. HERRERA City Attorney ELIZABETH S. SALVESON Chief Labor Attorney LAUREN M. MONSON Deputy City Attorney(s) By: /s/ Lauren M. Monson LAUREN M. MONSON Attorneys for Defendant(s) CITY AND COUNTY OF SAN FRANCISCO, et al. the Court's approval as follows: 1. Motion for Hearing date, currently set for November 3, 2010 at 9:00 a.m., shall be continued December 8 to November 24, 2010 at 9:00 a.m.

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2 PETITION FOR WRIT OF ADMINISTRATIVE MANDATE AND/OR PROHIBITION

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PURSUANT TO STIPULATION, AND AGREEMENT OF THE COURT, IT IS SO ORDERED:

4 Dated: 10/26/10 5
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____________________________________ ERED O ORD IT IS S THE HONORABLE PHYLLIS J. HAMILTON
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