Felarca et al v. Birgeneau et al

Filing 74

STIPULATION AND [MODIFIED] ORDER TO REVISE CASE SCHEDULE 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 11/1/2012)

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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 MODIFIED
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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I.

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

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RECITALS

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 Complaint

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shall take place on Tuesday, November 20, 2012, at 2 p.m.

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iv. The Case Management Conference is set for December 3, 2012.
STIPULATION AND MODIFIED ORDER REVISING CASE SCHEDULE
CASE NO. C-11-05719 YGR

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

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filed in response to the Amended Complaint had previously been scheduled for

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November 13, 2012, and the Case Management Conference (CMC) had previously been

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scheduled for September 10, 2012.

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

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November 20 hearings and the December 3 Initial Case Management Conference.

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Plaintiffs’ lead counsel, Shanta Driver, has been invited to speak at an international

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conference in London November 21, 2012, the day after the current hearing date for

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motions responding to the Amended Complaint. She also 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, subject

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

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13, 2012. (Previously, the Court granted an extension that provided plaintiffs an

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additional week to prepare their oppositions; this date change would similarly give

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defendants an additional week to prepare their 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.

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7. The attorneys have consulted and determined that we are all jointly available on
December 17, 2012, or a later Monday, for the Initial Case Management Conference.

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II.

STIPULATION

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

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1. Any replies to oppositions to motions filed in response to the Amended Complaint shall
be due on November 13, 2012.
2. Hearings on any motions filed in response to the Amended Complaint shall take place on
Tuesday, December 4, 2012 at 2 p.m., or at such other time as the Court may order.
3. The Initial Case Management Conference shall take place on Monday, December 17,

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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 30, 2012

SCHEFF, WASHINGTON & DRIVER

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

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Date: October 30, 2012

ANDRADA & ASSOCIATES

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By __________________________
LYNNE G. STOCKER
Attorneys for Defendants
GREGORY AHERN, OFFICER CHAVEZ,
OFFICER GARCIA, OFFICER KING and
OFFICER OBICHERE

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Dated: October 30, 2012

CROWELL & MORING, LLP

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By __________________________
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 30, 2012

LACKIE, DAMMEIER, MCGILL & ETHIR, APC

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STIPULATION AND MODIFIED 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 DETECTIVE RICK FLORENDO

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The Hearing on the Defendants’ Motions to Dismiss is CONTINUED from November 20,
2012 to December 11, 2012.
The Case Management Conference is CONTINUED from December 3, 2012 to February
11, 2013.
PURSUANT TO STIPULATION, AS MODIFIED, IT IS SO ORDERED.

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Dated: October 31, 2012
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__________________________________
Hon. Yvonne Gonzalez Rogers
United States District Court Judge

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