Erotic Service Provider Legal Education and Research Project v. Gascon et al

Filing 18

ORDER GRANTING AS MODIFIED 17 STIPULATION Vacating the Case Management Conference set for June 12, 2015 & Setting a Briefing & Hearing Schedule on Motion to Dismiss. Motion due by 5/8/2015. Opposition due by 6/8/2015. Reply due by 6/23/2015. Motion Hearing set for 8/7/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 4/20/15. (jjoS, COURT STAFF) (Filed on 4/20/2015)

Case4:15-cv-01007-JSW Document17 Filed04/17/15 Page1 of 6

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KAMALA D. HARRIS
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General
SHARON L. O'GRADY
Deputy Attorney General
State Bar No. 102356
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Kamala D. Hanis

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[REMAINING PARTIES ON SIGNATURE PAGE]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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EROTIC SERVICE PROVIDER LEGAL
EDUCATION & RESEARCH PROJECT;
K.L.E.S.; C.V.; J.B.; AND JOHN DOE,

STIPULATION AND .[PROPOSED]
ORDER VACATING THE CASE
ANAGEMENTCONFERENCESET
FOR JUNE 12, 2015 AND SETTING A
RIEFING AND HEARING SCHEDULE
Plaintiffs,
ON MOTION TO DISMISS UNDER
FEDERAL RULEOF CIVIL
v.
PROCEDURE 12(b)(6),
GEORGE GASCON, in his official capacity as AS MODIFIED
District Attorney of the City and County of San
Francisco; EDWARD S. BERBERIAN, JR., in
his official capacity as District Attorney of the
Judge:
The Hon. JeffreyS. White
Dept:
5, 2d Floor
County of Marin; NANCY E. O'MALLEY, in
Trial Date:
None Set
her official capacity as District Attorney of the
CMC Date: June 12, 2015
County of Alameda; JILL RAVITCH, in her
Action Filed: March 4, 2015
official capacity as District Attorney of the
County of Sonoma; and KAMALA D.
HARRIS, in her official capacity as Attorney
General of the State of California,
Defendants.

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Case No.: 4:15-CV-01007 JSW

STIP & [PROPOSED] ORDER RE BRIEFING SCHEDULE
Case No. 4:15-CV-01007 JSW
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Case4:15-cv-01007-JSW Document17 Filed04/17/15 Page2 of 6

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Pu~suant

to Civil Local Rules 6-1(b), 6-2 and 7-12, the Parties submit and stipulate to the

following:
WHEREAS, on March 4, 2015, Plaintiffs filed the operative complaint ("Complaint") in
this matter;

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WHEREAS, on March 5, 2015, the Court set the Case Management Conference

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("CMC") in tins matter for June 12, 2015, with a joint case management statement due on June

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7, 2015;

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WHEREAS, on March 13,2015 and March 24,2015, Plaintiffs sent notices of the
lawsuit and requests to waive service to the Defendants, as described in the Declaration of
Sharon L. O'Grady, filed herewith ("O'Grady Declaration" or "f'), ~~ 3-4;
WHEREAS, Defendants intend to file a motion to dismiss the complaint in tills action
pursuant to Rule 12(b(6) of the Federal Rules of Civil Procedure (id.

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5);

WHEREAS, on March 30, 2015, the Parties met and conferred telephonically to discuss
waiver of service and a mutually acceptable briefing and hearing schedule on Defendant's
motion to dismiss the complaint, and a continuance of the CMC to allow the motion to be heard
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first (id.

5);

WHEREAS, the Parties continued to meet and confer via electronic mail up and through
April13, 2015, to confirm a briefing and hearing schedule for the motion to dismiss, and
consistent with the Court's calendar (see id.

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6);

NOW, THEREFORE, the Parties hereby stipulate, and request that the Court order, as
follows:
1. The Court shall vacate the June 12, 2015 CMC and all corresponding deadlines and

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filings;

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2. Defendants' motion(s) to dismiss shall be filed no later than May 8, 2015;

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3. Plaintiffs' opposition to the motion(s) to dismiss shall be filed no later than June 8,

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2015;
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4. Defendants' reply shall be due June 23, 2015; and

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STIP & [PROPOSED] ORDER RE BRIEFING SCHEDULE
Case No. 4:15-CV-01007 JSW
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Case4:15-cv-01007-JSW Document17 Filed04/17/15 Page3 of 6

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5. The hearing in this matter for the Court to address and hear the Parties' briefing shall
August 7
be set for July 31, 2015, at 9:00a.m. PT.

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CONCLUSION

For the reasons set forth above, the Parties request that the Court vacate the current Case

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Management Conference set for June 12, 2015, and approve the above mentioned briefing

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schedule.

Case4:15-cv-01007-JSW Document17 Filed04/17/15 Page4 of 6

City and County of San Francisco
Room 234, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4682
. Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant George Gascon

April17, 2015

STEVEN M. WOODSIDE
County Counsel in and for the County of Marin

By: /s/

SHEILA=:==;;'L=::;';IC::::;::H~T=B::-::L~A-:::-U-=----==

Deputy County Counsel
3501 Civic Center Dr# 275
San Rafael, CA 94903
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendant Edward Berberian

April17,2015

BRUCE GOLDSTEIN
County Counsel in and for the County of
Sonoma
By: /s/

JOSHU~A~MY~=E~R=s=======-

Deputy County Counsel
575 Administration Dr.
Santa Rosa, CA 95403
Tel: [phone]
E-mail: J [e-mail]
Attorneys for Defendant Jill Ravitch

April17, 2015

By: /s/

H.Lou·~r=s~s=~~KIN~~=-==------

BRIAN PATRICK O'CONNOR ·
SANTEN HUGHES LP A
600 Vine Street, Suite 2700
Cincinnati, OH 45202
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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STIP & [PROPOSED] ORDER RE BRIEFING SCHEDULE
Case No. 4:15-CV-01007 JSW
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Case4:15-cv-01007-JSW Document17 Filed04/17/15 Page5 of 6

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: April 20, 2015

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STIP & [PROPOSED] ORDER RE BRIEFING SCHEDULE
Case No. 4:15-CV-01007 JSW
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The Honorable Jeffrey S. White
United States District Court Judge