Zepeda v. Schuld et al

Filing 86

STIPULATION AND ORDER AS MODIFIED re 85 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE (DEFENDANTS' JOINT) filed by Brian Bubar, Walter N. Schuld, Chris Magnus Case Management Statement due by 8/22/2017. Further Case Management Conference set for 8/29/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 5/23/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 5/23/2017)

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NOAH G. BLECHMAN (State Bar No. 197167)
[e-mail]
AMY S. ROTHMAN (State Bar No. 308133)
[e-mail]
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Chief Walter N. Schuld, Brian Bubar

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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NORTHERN DISTRICT OF CALIFORNIA

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RICARDO ZEPEDA,

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Plaintiff,
vs.

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WALTER N. SCHULD, CHIEF OF SAN
PABLO POLICE DEPART., BRIAN
BUBAR, DIRECTOR, WEST CONTRA
COSTA NARCOTICS ENFORCEMENT
TEAM, SAN PABLO POLICE, OFFICER
BAYSE, WEST CONTRA COSTA
NARCOTICS ENFORCEMENT TEAM
(WESTNET), SAN PABLO POLICE
OFFICER, OFFICER ROCKY,
(MEXICAN PONY TAIL), WEST
CONTRA COSTA NARCOTICS
ENFORCEMENT TEAM (WESTNET),
SHAWN PATE, ASST. DIST. ATTY.,
SPECIAL RESPONSE TEAM (SRT),
RICHMOND POLICE DEPT., CHIEF
MAGNUS, CHIEF OF RICHMOND
POLICE DEPT., AND JOHN DOE 1-50,

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Case No. C13-5761 KAW
DEFENDANTS’ JOINT STIPULATION
AND [PROPOSED] ORDER TO
CONTINUE THE CASE MANAGEMENT
CONFERENCE AS MODIFIED

Defendants.

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Judge: Hon. Kandis A. Westmore

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Defendants, BRIAN BUBAR and WALTER N. SCHULD (“San Pablo Defendants”), as

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well as Defendants, RICHMOND CHIEF OF POLICE CHRIS MAGNUS and the RICHMOND

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POLICE DEPARTMENT (“Richmond Defendants), by and through their respective attorneys of

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DEFENDANTS’ JOINT STIPULATION AND ORDER
TO CONTINUE THE CASE MANAGEMENT
CONFERENCE, C13-5761 KAW

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record, hereby stipulate to the following1:

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1. WHEREAS on May 8, 2017, the Court granted both San Pablo Defendants’ and

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Richmond Defendants’ motions to dismiss Plaintiffs second amended complaint

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(“SAC”), without prejudice. (ECF-84.)

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2. WHEREAS in that same Order issued by the Court on May 8, 2017, the Court gave

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Plaintiff until July 17, 2017 to file his third amended complaint. (ECF-84).
3. WHEREAS there is currently a Case Management Conference set to be heard in this

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action on May 30, 2017, before Plaintiff’s July 17, 2017, deadline to file his third

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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amended complaint.

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4. WHEREAS there will likely be little to no action in this case to be discussed at a CMC

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until after Plaintiff files his third amended complaint.

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5. WHEREFORE, there is good cause to continue this Further Case Management

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Conference in this matter, the Defendants, by and through their respective counsel,

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respectfully seek an Order from the Court to continue the Further Case Management

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Conference to Tuesday, July 22, 2017.

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IT IS SO STIPULATED

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The parties (Defendants) attest that the concurrence in the filing of these documents has

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been obtained from each of the other Signatories, which shall serve in lieu of their signatures on

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the document.

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///

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///

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Since Plaintiff is currently acting in pro se, this is a Defendant only Joint Stipulation and Proposed Order.

DEFENDANTS’ JOINT STIPULATION AND ORDER
TO CONTINUE THE CASE MANAGEMENT
CONFERENCE, C13-5761 KAW

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Dated: May 17, 2017

MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:
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/s/ Rothman, Amy
Noah G. Blechman
Amy S. Rothman
Attorneys for Defendants
Chief Walter N. Schuld, Brian Bubar

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Dated: May 17, 2017

MOSCONE EMBLIDGE & OTIS LLP

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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By:

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/s/ Yan, Matthew
Matthew K. Yan
Attorney for Defendants
Richmond Police Department and Richmond Police
Chief Chris Magnus

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ORDER

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PURSUANT TO THE DEFENDANTS’ STIPULATION, IT IS HEREBY ORDERED AS

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FOLLOWS:
The Further Case Management Conference set for May 30, 2017, is hereby continued to

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August 29, 2017 at 1:30 p.m. The parties are to file the further case management conference

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statement no later than one week prior to this conference.

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IT IS SO ORDERED

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5/23
Dated: ___________, 2017

By: ________________________________________
KANDIS A. WESTMORE
US MAGISTRATE JUDGE

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DEFENDANTS’ JOINT STIPULATION AND ORDER
TO CONTINUE THE CASE MANAGEMENT
CONFERENCE, C13-5761 KAW

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