Bermudez v. City of Berkeley et al

Filing 57

ORDER Granting 55 Stipulated Motion to Vacate Date of 51 Rule 12 Motion Hearing Pending Dismissal of the Action. Signed by Judge Claudia Wilken on 3/16/2011. (ndr, COURT STAFF) (Filed on 3/16/2011)

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Ross E. Lampe, SBN 172336 MURO & LAMPE, INC. 75 Iron Point Circle, Suite 155 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants Berkeley Bowl Produce, Inc., Tosha Anderson, and David Craib Christopher R.A. Morray-Jones (SB # 256726) LAW OFFICES OF C. MORRAY-JONES 1611 Telegraph Avenue, Suite 910 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiff JOSE BERMUDEZ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSE BERMUDEZ, Plaintiff, v. CITY OF BERKELEY; OFFICER RODERICK ROE # 81 in his capacity as an individual; OFFICER JOHN JONES # 5 in his capacity as an individual; FORMER CHIEF OF POLICE DOUGLAS N. HAMBLETON in his official capacity and in his capacity as an individual; BERKELEY BOWL PRODUCE, INC.; TOSHA ANDERSON in her capacity as an individual; DAVID CRAIB in his capacity as an individual; and DOES 1-100, Defendants. Case No.: C10-02893 CW STIPULATED REQUEST AND ORDER TO VACATE DATE OF RULE 12 MOTION HEARING PENDING DISMISSAL OF THE ACTION

22 23 24 The parties to the above action having reached a settlement agreement (contingent on approval by the Berkeley City Council with respect to Defendants CITY OF BERKELEY,
STIPULATED REQUEST AND [PROPOSED] ORDER TO VACATE RULE 12 MOTION HEARING DATE PENDING DISMISSAL OF THE ACTION Case No. C10-02893

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FORMER OFFICER RODERICK ROE, OFICER JOHN JONES, and FORMER CHIEF DOUGLAS N. HAMBLETON only), Defendants BERKELEY BOWL PRODUCE, INC., TOSHA ANDERSON, and DAVID CRAIB, together with Plaintiff JOSE BERMUDEZ, by joint stipulation, hereby ask the Court to ORDER that the date of the hearing on Defendants' Motion to Dismiss (Rule 12(b)(6)) or for Judgment on the Pleadings (Rule 12(c)) Regarding Plaintiff's 13th, 14th, 15th, 16th, and 19th Causes of Action (docket # 51), currently set for Thursday, April 7 at 2:00 pm, be VACATED; and that the said hearing be indefinitely CONTINUED pending dismissal of the action. IT IS SO STIPULATED. Dated: 3/15/2011___ LAW OFFICES OF C. MORRAY-JONES

By: s/C.R.A Morray-Jones____________ Christopher R.A. Morray-Jones Attorney for Plaintiff Jose Bermudez

Dated: 3/15/2011___

MURO & LAMPE, INC.

By: s/Ross E. Lampe________________ Ross E. Lampe Attorney for Defendants Berkeley Bowl Produce, Inc., Tosha Anderson, and David Craib

PURSUANT TO STIPULATION, IT IS SO ORDERED, except that the motions are denied without prejudice to re-noticing promptly if the settlement is not completed.

3/16/2011 Date:_______

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Signed:_________________________ Claudia Wilken United States District Judge

STIPULATED REQUEST AND [PROPOSED] ORDER TO VACATE RULE 12 MOTION HEARING DATE PENDING DISMISSAL OF THE ACTION

Case No. C10-02893

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