O'Toole et al v. City of Antioch et al

Filing 15

STIPULATION AND ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE re 13 Proposed Order filed by Steven Daniel Lee, Jennifer Lynn Curtis, Jack Foster, Sean O'Toole, Kelley O'Toole. Signed by Judge Phyllis J. Hamilton on 6/10/11. (nah, COURT STAFF) (Filed on 6/10/2011)

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Tim A. Pori (SBN 189270)
John F. Baumgardner (SBN275674)
LAW OFFICES OF TIM A. PORI
521 Georgia Street
Vallejo, CA 94590
Tel: [phone]

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Attorney for Plaintiffs SEAN O’TOOLE,
KELLEY O’TOOLE, STEVEN DANIEL LEE,
JENNIFER LYNN CURTIS, and JACK FOSTER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SEAN O’TOOLE, KELLEY O’TOOLE,
STEVEN DANIEL LEE, JENNIFER LYNN
CURTIS, and JACK FOSTER,

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Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING THE HEARING
ON DEFENDANTS’ MOTION TO
DISMISS

vs.

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Case No. C 11-01502 PJH

CITY OF ANTIOCH, ANTIOCH POLICE
DEPARTMENT, JAMES HYDE CHIEF
OF ANTIOCH POLICE DEPARTMENT,
NORMAN WIELSCH, JOSHUA
VINCELET, JAMES WISECARVER JR.,
STEVEN AIELLO, MICHAEL McGARY,
AND DOES 1 - 20, inclusive,

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Defendants
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There is currently pending a hearing on Defendants’ City of Antioch, Antioch Police

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Department, James Hyde, Joshua Vincelet, James Wisecarver, Jr., and Steen Aiello’s Motion To

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Dismiss Claims Per FRCP 12(b)(6) set for June 22, 2011, at 9:00 a.m. before the Honorable

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Phyllis J. Hamilton.

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The parties hereto, through counsel, hereby stipulate to continue the hearing on the

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above-named Defendants’ Motion to Dismiss to July 27, 2011, at 9:00 a.m. before the Honorable

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Phyllis J. Hamilton. The continuance is sought by Plaintiff’s counsel because counsel has a

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settlement conference in the matter of Hernandez v. City of Napa, United States District Court,

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Northern District of California case number 09-2782, set for June 22, 2011, at 10:00 a.m. in the

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San Francisco District Court.

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The parties further stipulate that the briefing schedule in the instant matter shall not be

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disturbed and Plaintiffs’ opposition to the Motion shall remain due on or before June 1, 2011.

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Any reply to the opposition must be filed on or before June 8, 2011.

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Additionally, this case is set for a Case Management Conference on July 14, 2011, at 2:00

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p.m. In light of the Stipulation to continue the hearing on Defendants’ Motion to Dismiss, the

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parties further stipulate to continue the Case Management Conference to August 25, 2011, at

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2:00 p.m.

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LAW OFFICES OF TIM A. PORI

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Dated: June 2, 2011
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TIM A. PORI
Attorney for Plaintiffs

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

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Dated: June ___, 2011

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JAMES V. FITZGERALD
Attorney for Defendants CITY OF ANTIOCH,
ANTIOCH POLICE DEPARTMENT, JAMES
HYDE, JOSHUA VINCELET, JAMES
WISECARVER, JR., STEVEN AIELLO

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[PROPOSED] ORDER

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Pursuant to the above Stipulation,

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IT IS HEREBY ORDERED that the hearing on Defendants’ Motion to Dismiss Claims

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Pursuant to FRCP 12(b)(6) is continued to July 27, 2011, at 9:00 a.m. before the Honorable

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Phyllis J. Hamilton.

August 25, 2011, at 2:00 p.m.

R NIA

_____________________________________
ERED
O ORD
IT IS S STATES
JUDGE OF THE UNITED
DISTRICT COURT
ton
J. Hamil
NO

hyllis

RT

Judge P

H

ER

FO

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Dated: June 10, 2011

UNIT
ED

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S DISTRICT
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LI

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IT IS FURTHER ORDERED that the Case Management Conference is continued to

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D IS T IC T O
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