Tharpe v. Diablo Valley College

Filing 29

STIPULATION AND ORDER re 28 Stipulation, filed by Contra Costa College School District, Diablo Valley College, Samuel Tharpe, Set/Reset Deadlines as to 28 Stipulation,.. Signed by Judge ARMSTRONG on 12/1/11. (lrc, COURT STAFF) (Filed on 12/1/2011)

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Eugene B. Elliot, State Bar No. 111475
Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, CA 94102-1222
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
DIABLO VALLEY COLLEGE and CONTRA
COSTA COMMUNITY COLLEGE DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DR. SAMUEL THARPE,
Plaintiff,

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v.
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DIABLO VALLEY COLLEGE,

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Defendant.
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Case No. C11-02624 SBA
STIPULATED REQUEST FOR COURT
ORDER ENLARGING TIME TO FILE
OPPOSITION AND REPLY BRIEF TO
DEFENDANTS’ MOTION TO STRIKE, OR
IN THE ALTERNATIVE, DISMISS
PLAINTIFF’S FIRST AMENDED
COMPLAINT; DECLARATION OF
MICHAEL C. WENZEL IN SUPPORT
THEREOF
Date:
Time:
Courtroom:
Judge:

February 28, 2012
1:00 p.m.
1, 4th Floor
Hon. Saundra B. Armstrong

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IT IS HEREBY STIPULATED by all parties to this action that the parties have agreed to

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request that this Court issue an order enlarging time for Plaintiff SAMUEL THARPE to file an

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Opposition to Defendant CONTRA COSTA COMMUNITY COLLEGE DISTRICT’S

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(erroneously sued herein as “DIABLO VALLEY COLLEGE”) Motion to Strike Plaintiff’s First

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Amended Complaint pursuant to F.R.C.P. 12(f) or, in the alternative, to Dismiss Plaintiff’s First

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STIPULATED REQUEST FOR COURT ORDER ENLARGING TIME TO FILE OPPOSITION AND REPLY
BRIEF TO DEFENDANTS’ MOTION TO STRIKE, OR IN THE ALTERNATIVE, DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT; DECLARATION OF MICHAEL C. WENZEL IN SUPPORT THEREOF

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Amended Complaint pursuant to F.R.C.P. 12(b)(6) (“Motion to Dismiss”), and for Defendant

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CONTRA COSTA COMMUNITY COLLEGE DISTRICT to file a Reply Brief to Plaintiff’s

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Opposition accordingly. The parties further agree, subject to the continued availability on this

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Court's calendar, that the hearing date on this motion shall remain on calendar for February 28,

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2012.

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The grounds for this Stipulated Request for Court Order Enlarging Time are as follows:

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1.

As Plaintiff is proceeding in the present matter in propia persona, and is not

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registered with the Court’s electronic filing system, the DISTRICT serves Plaintiff with a paper

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copy of all documents filed with the Court.

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2.

Following this Court's Order granting the DISTRICT's Motion to Dismiss

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plaintiff’s original complaint, plaintiff filed a First Amended Complaint on October 6, 2011.

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The DISTRICT timely filed a Motion to Strike, or, in the alternative, Motion to Dismiss the First

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Amended Complaint on October 19, 2011. The motion is set for hearing on February 28, 2012.

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Counsel for Defendant believed that plaintiff was served with a copy of the DISTRICT’s Motion

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on October 19, 2011, as the practice and procedure of defense counsel’s firm during this entire

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matter has been to serve all documents on plaintiff that had been electronically filed with the

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Court.

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3.

On or about November 22, 2011, counsel for the DISTRICT received

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correspondence from plaintiff indicating he did not receive a written copy of the DISTRICT's

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Motion. Immediately upon receipt of Plaintiff’s correspondence defense counsel attempted to

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verify service on plaintiff, but was unable to locate a proof of service.

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4.

Defense counsel therefore caused the DISTRICT’s Motion to be served on

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plaintiff via Federal Express Overnight Delivery on November 29, 2011, and immediately

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prepared this Stipulated Request for a Court Order Enlarging Time, so that this Court may allow

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plaintiff additional time to file and serve his Opposition to the DISTRICT’s Motion, and permit

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the DISTRICT time to file any Reply.

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STIPULATED REQUEST FOR COURT ORDER ENLARGING TIME TO FILE OPPOSITION AND REPLY
BRIEF TO DEFENDANTS’ MOTION TO STRIKE, OR IN THE ALTERNATIVE, DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT; DECLARATION OF MICHAEL C. WENZEL IN SUPPORT THEREOF

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5.

The parties respectfully propose the following schedule with respect to the

Motion:
Opposition Deadline:

Fourteen (14) days from the date of service of the Order
Granting the Parties’ Stipulated Request to Enlarge Time

Reply Brief Deadline:

Twenty-One (21) days from the date of the Order Granting
the Parties’ Stipulated Request to Enlarge Time

Motion Hearing Date:

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February 28, 2012

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IT IS SO STIPULATED
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DR. SAMUEL THARPE

Dated: November 30, 2011
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By:

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Dated: November 30, 2011

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/s/ Michael C. Wenzel
Eugene B. Elliot
Michael C. Wenzel
Attorneys for Defendants
DIABLO VALLEY COLLEGE and
CONTRA COSTA COMMUNITY
COLLEGE DISTRICT

ORDER

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BERTRAND, FOX & ELLIOT
By:

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/s/ Dr. Samuel Tharpe
Dr. Samuel Tharpe
Plaintiff in Pro Per

GOOD CAUSE APPEARING THEREFOR, and the parties’ having stipulated the same,

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the parties’ stipulation is hereby APPROVED. Plaintiff shall have fourteen days from the date of

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service of this Order to file an Opposition to Defendant’s Motion to Dismiss. Defendant shall

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have twenty-one days from the date this Order is served to file a Reply Brief to plaintiff’s

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Opposition.

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IT IS SO ORDERED.

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DATED: __12/1/11

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HON. SAUNDRA BROWNARMSTRONG
United States District Judge

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STIPULATED REQUEST FOR COURT ORDER ENLARGING TIME TO FILE OPPOSITION AND REPLY
BRIEF TO DEFENDANTS’ MOTION TO STRIKE, OR IN THE ALTERNATIVE, DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT; DECLARATION OF MICHAEL C. WENZEL IN SUPPORT THEREOF

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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DR. SAMUEL THARPE,

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Plaintiff,

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v.

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DIABLO VALLEY COLLEGE et al,

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Defendant.
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/

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Case Number: CV11-02624 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District

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Court, Northern District of California.

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That on December 1, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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STIPULATED REQUEST FOR COURT ORDER ENLARGING TIME TO FILE OPPOSITION AND REPLY
BRIEF TO DEFENDANTS’ MOTION TO STRIKE, OR IN THE ALTERNATIVE, DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT; DECLARATION OF MICHAEL C. WENZEL IN SUPPORT THEREOF

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Samuel Tharpe

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772 Lindsay Ave.

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Rohnert Park, CA 94928

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Dated: December 1, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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STIPULATED REQUEST FOR COURT ORDER ENLARGING TIME TO FILE OPPOSITION AND REPLY
BRIEF TO DEFENDANTS’ MOTION TO STRIKE, OR IN THE ALTERNATIVE, DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT; DECLARATION OF MICHAEL C. WENZEL IN SUPPORT THEREOF