Dorger et al v. City of Napa et al

Filing 22

STIPULATION AND [REVISED]ORDER CONTINUING BRIEFING SCHEDULE AND HEARING, Set/Reset Deadlines as to 17 MOTION to Dismiss Plaintiff's Complaint. Responses due by 5/1/2012. Replies due by 5/8/2012. 17 Motion to Dismiss Hearing se t for 5/15/2012 02:00 PM before Hon. Yvonne Gonzalez Rogers.Case Management Conference re-set for Monday, 6/25/2012 02:00 PM.. Signed by Judge Yvonne Gonzalez Rogers on 4/16/12. Joint Case Managemetn Statement filed by 6/11/12.(fs, COURT STAFF) (Filed on 4/16/2012)

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LAW OFFICES OF

WALKUP, MELODIA, KELLY & SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
[phone]

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MICHAEL A. KELLY (State Bar #71460)
KHALDOUN A. BAGHDADI (State Bar #190111)
ATTORNEYS FOR PLAINTIFFS

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAMANDA DORGER, INDIVIDUALLY AND
AS SUCCESSOR-IN-INTEREST TO THE
ESTATE OF RICHARD POCCIA;
GABRIELLE POCCIA,

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Plaintiffs,

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v.

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Case No. c-12-0440-YGR
Revised
STIPULATION AND [PROPOSED]
ORDER CONTINUING
BRIEFING SCHEDULE AND HEARING
ON DEFENDANTS’ MOTION TO
DISMISS AND DATE FOR FILING CMC
STATEMENT AND CMC

CITY OF NAPA; NAPA POLICE CHIEF
RICHARD MELTON, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY; NAPA POLICE
OFFICER BRAD BAKER; NAPA POLICE
OFFICER NICK DALESSI; and DOES 1
through 25,

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Defendants.
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TO THE HONORABLE COURT:

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The parties are cooperating in good faith in meeting and conferring on the issues raised in

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the motion to dismiss and additional time is necessary to allow this process to be completed. The

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parties have informally exchanged a significant volume of documents that also have to be

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reviewed and analyzed in the context of the motion to dismiss.

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The parties, by and through their attorneys of record, hereby stipulate and respectfully
request that the hearing on Defendants’ Motion to Dismiss, currently set for May 1, 2012, be

STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON DEFENDANTS’ MOTION TO
DISMISS AND DATE FOR FILING CMC STATEMENT AND CMC - Case No. c-12-0440-YGR

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continued to May 15, 2012.

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Plaintiffs’ opposition will be filed on or before May 1, 2012, and Defendants’ reply will be
filed on or before May 8, 2012.

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In addition, to permit time to complete the briefing and hearing on the motion, the parties

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respectfully request that the Case Management Conference, currently set for April 30, 2012, be

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continued to June 18, 2012.

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The parties will file a joint Case Management Conference Statement on or before June 4,
2012.

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Dated: April 13, 2012

W ALKUP , M ELODIA , K ELLY & S CHOENBERGER

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/s/ Khaldoun A. Baghdadi
KHALDOUN A. BAGHDADI
Attorneys for Plaintiffs

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Dated: April 13, 2012

F OX B ERTRAND & E LLIOT

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/s/ Gregory Fox
GREGORY FOX
Attorneys for Defendants

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ATTORNEY ATTESTATION
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.

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Dated: April 13, 2012

/s/ Khaldoun A. Baghdadi
KHALDOUN A. BAGHDADI

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LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON DEFENDANTS’ MOTION TO
DISMISS AND DATE FOR FILING CMC STATEMENT AND CMC – Case No. c-12-0440-YGR

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[PROPOSED] ORDER

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Having considered the stipulated request of the parties, the Court orders as follows:

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1.

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The hearing on Defendants’ Motion to Dismiss, currently set for May 1, 2012, be
shall
continued to May 15, 2012. Plaintiffs’ opposition will be filed on or before May 1, 2012, and
shall
Defendants’ reply would be filed on or before May 8, 2012.
2. The Case Management Conference, currently set for April 30, 2012, is hereby
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continued to June 18, 2012. The parties will file a joint Case Management Conference Statement
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on or before June 4, 2012.

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IT IS SO ORDERED.
April 16, 2012
DATED: ___________________

________________________________________
THE HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON DEFENDANTS’ MOTION TO
DISMISS AND DATE FOR FILING CMC STATEMENT AND CMC – Case No. c-12-0440-YGR