Berardi-Stohner v. Phillips et al

Filing 18

STIPULATION AND ORDER GRANTING 17 STIPULATION WITH PROPOSED ORDER. Motion Hearing continued to 8/7/2014 11:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 06/23/2014. (kawlc2S, COURT STAFF) (Filed on 6/23/2014)

Gilbert Y. Jay (SBN 071336)
Nicholas K. Jay (SBN 264760)
LAW OFFICES OF GILBERT Y. JAY
210 Post Street- Suite 208
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
Diane M. Berardi-Stohner
MELINDA HAAG (SBN 132612)
United States Attorney
ALEX G. TSE (SBN 152348)
Chief, Civil Division
ABRAHAM A. SIMMONS (SBN 146400)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Federal Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA –OAKLAND DIVISION
DIANE M. BERARDI-STOHNER,

Case No. 14-CV-01036-KAW

Plaintiff,
v.

STIPULATION AND [PROPOSED]
ORDER CONTINUING DATE OF
HEARING ON DEFENDANT’S MOTION
TO DISMISS

UNITED STATES OF AMERICA,
Defendant.

Date:
July 3, 2014
Time:
1:30 p.m.
Courtroom: 4 – 3rd Floor
Before the Honorable Kandis A. Westmore
assigned

WHEREAS, this matter was referred to Magistrate Judge Kandis A. Westmore on March 5,
2014; and
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CASE NO. 14-CV-01036 KAW
STIPULATION RE: HEARING DATE

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WHEREAS, Defendant filed a Notice of Motion and Motion to Dismiss for Lack of Subject
Matter Jurisdiction on April 22, 2014, setting the hearing on said motion for June 19, 2014; and
WHEREAS, on May 27, 2014, this Court continued the date of the hearing on Defendant’s
motion to July 3, 2014; and
WHEREAS, counsel for plaintiff is scheduled to complete jury service on July 3, 2014; and
WHEREAS, the parties have met and conferred and consulted the Court’s calendar for the
purpose of rescheduling the hearing on Defendant’s motion for a time that is convenient to the Court
and counsel;
IT IS THEREFORE HEREBY AGREED AND STIPULATED,
that the parties request that the Court continue the hearing on Defendant’s motion from
July 3, 2014, to August 7, 2014.

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Dated: June 19, 2014

LAW OFFICES OF GILBERT Y. JAY

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By: /s/
Nicholas K. Jay
Attorneys for Plaintiff

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Dated: June 19, 2014

MELINDA HAAG
United States Attorney

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By: /s/ Abraham A. Simmons
Abraham A. Simmons
Attorneys for the Federal Defendant

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[PROPOSED] ORDER
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The stipulation is approved. The hearing on Defendant’s Motion to Dismiss, previously set

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for July 3, 2014, is continued to August 7, 2014, at 11:00 a.m., 1301 Clay Street, Oakland, CA

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94612. IT IS SO ORDERED.

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June 23, 2014
Dated: ____________________

The Honorable Kandis Westmore
United States Magistrate Judge