Felarca et al v. Birgeneau et al

Filing 73

STIPULATION AND[ MODIFIED] ORDER TO REVISE CASE SCHEDULE, Set/Reset Deadlines as to 50 MOTION to Dismiss, 57 MOTION to Dismiss, 58 MOTION to Dismiss, 52 MOTION to Dismiss. Replies due by 11/13/2012. Motion Hearing set for 12/11/2012 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers.Case Management Conference 2/11/13.. Signed by Judge Yvonne Gonzalez Rogers on 10/31/12. (fs, COURT STAFF) (Filed on 10/31/2012)

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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 20, 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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1. On October 17, 2012, this Court ordered the following schedule for this case, per

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RECITALS

the parties’ stipulation, which was entered at the request of the plaintiffs:
i. Oppositions to motions filed in response to the Amended
Complaint were due on October 23, 2012.
ii. Replies to oppositions to motions filed in response to the Amended
Complaint are due on November 6, 2012.
iii. Hearings on any motions filed in response to the Amended

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Complaint shall take place on Tuesday, November 20, 2012, at 2

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

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

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2. This was the second postponement of the current proceedings. The hearing on

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motions filed in response to the Amended Complaint had previously been

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scheduled for November 13, 2012, and the Case Management Conference (CMC)

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had previously been scheduled for September 10, 2012.

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3. Counsel for plaintiffs have requested that defendants stipulate to a rescheduling of

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the November 20 hearings and the December 3 Initial Case Management

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Conference. Plaintiffs’ lead counsel, Shanta Driver, has been invited to speak at

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an international conference in London November 21, 2012, the day after the

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current hearing date for motions responding to the Amended Complaint. She also

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will prepare for and appear at an immigration hearing in London that week.

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4. The motions to dismiss, if granted, would narrow the issues of this case before the
Case Management Conference.

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5. Counsel for the parties have agreed to stipulate to the following briefing schedule,

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subject to the Court’s approval: any replies to oppositions to motions would be

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due November 13, 2012. (Previously, the Court granted an extension that

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provided plaintiffs an additional week to prepare their oppositions; this date

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change would similarly give defendants an additional week to prepare their

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replies.)

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6. The attorneys have consulted and determined that we are all jointly available on
December 4, 2012 for the hearing on motions to dismiss.
7. The attorneys have consulted and determined that we are all jointly available on

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December 17, 2012, or a later Monday, for the Initial Case Management

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

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By
RUSSELL M. PERRY
Attorneys for Defendants
OFFICER N. HERNANDEZ, OFFICER
LACHLER ANd DETECTryE RICK FLORENDO

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PURSUA}.{T TO STIPULATION,IT IS SO ORDERED.

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Dated:
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2Q12

Hon. Yvonne Gonz alez Rogers
United States District Court Judge

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STIPULATION AND PROPOSED ORDERREVISING CASE SCHEDULE
CASE NO. C-I1-05719 YGR