Felarca et al v. Birgeneau et al

Filing 66

STIPULATION AND ORDER re 65 to Revise Case Schedule filed by Anthony Morreale, Rick Florendo, Harry Legrande, Yania Escobar, Ashley Pinkerton, Joseph Finton, Hayden Harrison, George Breslauer, Garcia, Liana Mulholland, Jacquelyn Kingka de, Sachinthya Wagaarachchi, Colleen Young, Jessica Schaffer, Colleen Mica Stumpf, Justin Tombolesi, Hillary Chesler, Samantha Lachler, Obichere, Julie Klinger, Mitchell Celaya, Francisco Alvarado-Rosas, Robert J. Birgeneau, Maximilian Mc Donald, Taro Yamaguchi-Phillips, King, Honest Chung, Benjamin Lynch, Linda Williams, Chavez, Claire Holmes, Dan Wilbur, John Wilton, Morgan Crawford, Louis Helm, Margaret Zhou, Gregory Ahern, James Chang, Erick Uribe, N. Hernandez, Maria Lewis, Ariella Megory, Joshua Anderson, Christopher Anderson, Yvette Felarca, Set/Reset Deadlines as to 65 STIPULATION WITH PROPOSED ORDER to Revise Case Schedule, 50 MOTION to Dismiss, 57 MOTION to Dismiss, 58 MOTION t o Dismiss, 52 MOTION to Dismiss. Responses due by 10/23/2012. Replies due by 11/6/2012. Motion Hearing set for 11/20/2012 02:00 PM before Hon. Yvonne Gonzalez Rogers.. Signed by Judge GONZALEZ ROGERS on 10/17/12. (lrc, COURT STAFF) (Filed on 10/17/2012)

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RONALD CRUZ, California Bar No. 267038
SHANTA DRIVER, Michigan Bar No. P65007*
SCHEFF, WASHINGTON & DRIVER, P.C.
1985 Linden Street
Oakland, CA 94607
[phone] Fax: [phone]
[e-mail]
Attorneys for Plaintiffs
*Admitted pro hac vice

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, et al.

CASE NO.: 4:11-cv-05719-YGR

Plaintiffs,

STIPULATION AND PROPOSED
ORDER TO REVISE CASE
SCHEDULE

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vs.
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ROBERT J. BIRGENEAU, et al.,
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Defendants.
______________________________________

Date:
Time:
Ctrm:
Judge:

November 13, 2012
2:00 p.m.
TBD
Hon. Yvonne Gonzalez Rogers

The parties, by and through their respective counsel, stipulate as follows:

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I.

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1. On September 4, 2012, this Court ordered the following schedule for this case, per the

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RECITALS

stipulated request of the parties:
A. Defendants’ responses to the Amended Complaint are due September 18,
2012.
B. Plaintiffs’ oppositions to any motions filed in response to the Amended
Complaint are due October 16, 2012.
C. Any replies to oppositions to motions filed in response to the Amended
Complaint are due on October 30, 2012.

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{00084617.DOC/}STIPULATION

AND PROPOSED ORDER REVISING CASE SCHEDULE
CASE NO. C-11-05719 YGR

D. Hearings on any motions filed in response to the Amended Complaint shall

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take place on Tuesday, November 13, 2012, at 2 p.m.

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E. The Case Management Conference is set for December 3, 2012.

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2. This was the first postponement of the current proceedings: the Case Management

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Conference (CMC) had previously been scheduled for September 10, 2012. The current

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stipulation is not requesting a further postponement of the CMC.

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3. Counsel for plaintiffs have requested that defendants stipulate to a one-week extension of

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the deadline for plaintiffs’ opposition. Plaintiffs’ counsel, in addition to preparing for a

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felony immigration trial with the defendant still in custody that begins October 16, were

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occupied with representing a union in an unforeseen September 30-October 5 strike; and

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lead counsel Shanta Driver has come down with health problems that have constricted

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her workday and prevented her from traveling.

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4. Counsel for defendants have agreed to a one-week extension of the deadline for

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plaintiffs’ opposition, provided that the deadline for their reply is likewise extended by

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one week.

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5. Therefore, counsel for the parties have agreed to stipulate to the following briefing

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schedule, subject to the Court’s approval: plaintiffs’ opposition to defendants’ motions

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would be due October 23, 2012; and replies to oppositions to motions would be due

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November 6, 2012.

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6. The attorneys have consulted and have determined that we are all jointly available on the
following possible date for the hearing: November 20, 2012.

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7. If granted, the motions to dismiss would narrow the issues of this case.

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II.

STIPULATION
{00084617.DOC/}STIPULATION

AND PROPOSED ORDER REVISING CASE SCHEDULE
CASE NO. C-11-05719 YGR

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1. Plaintiffs’ oppositions to any motions filed in response to the Amended Complaint shall
be due on October 23, 2012.
2. Any replies to oppositions to motions filed in response to the Amended Complaint shall
be due on November 6, 2012.

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3. Hearings on any motions filed in response to the Amended Complaint shall take place on

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Tuesday, November 20, 2012 at 2 p.m., or at such other time as the Court may order.

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By the parties’ attorneys IT IS SO STIPULATED,

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Date: October 15, 2012

SCHEFF, WASHINGTON & DRIVER

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By ___/s/ Ronald Cruz_______
RONALD CRUZ
Attorneys for Plaintiffs

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Date: October 15, 2012

ANDRADA & ASSOCIATES

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By ____________ ______________
RANDY ANDRADA
Attorneys for Defendants
GREGORY AHERN, OFFICER CHAVEZ,
OFFICER GARCIA, OFFICER KING and
OFFICER OBICHERE

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Dated: October 15, 2012

CROWELL & MORING, LLP

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By _/s/ Janine L. Scancarelli
JANINE L. SCANCARELLI
Attorneys for Defendants
ROBERT J. BIRGENEAU, GEORGE
BRESLAUER, HARRY LE GRANDE, LINDA
WILLIAMS, JOHN WILTON, CLAIRE
HOLMES, MITCHELL CELAYA

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Dated: October 15, 2012

LACKIE, DAMMEIER, MCGILL & ETHIR, APC

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{00084617.DOC/}STIPULATION

AND PROPOSED ORDER REVISING CASE SCHEDULE
CASE NO. C-11-05719 YGR

By _/s/ Russell M. Perry
RUSSELL M. PERRY
Attorneys for Defendants
OFFICER N. HERNANDEZ, OFFICER
LACHLER and DETECTIVE RICK FLORENDO

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this e-filed document. /s/ Ronald Cruz
PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: October 17, 2012

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__________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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{00084617.DOC/}STIPULATION

AND PROPOSED ORDER REVISING CASE SCHEDULE
CASE NO. C-11-05719 YGR