Sincerny v. City of Walnut Creek

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Stipulation To Modify Briefing Schedule Re City of W.C.'s Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 1/24/2018)

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DAVID M. HELBRAUN (SBN 129840)
HELBRAUN LAW FIRM
44 Montgomery Street, Suite 3340
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
PAUL ALFRED SINCERNY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL ALFRED SINCERNY,

Case No. C17-02616 HSG

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Plaintiff,
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vs.
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City of Walnut Creek; Walnut Creek Police
Department; Walnut Creek Police Sergeant
Ryan Hibbs; Walnut Creek Police Officer
Lee Herrington; Walnut Creek Police
Officer Brookshire; Walnut Creek Police
Officer Adams; Walnut Creek Police
Officer Ashley Roskos; Walnut Creek
Police Officer Njoroge; Walnut Creek
Police Officer Steve Bertolozzi; Walnut
Creek Police Detective Kim Gerstner;
Walnut Creek Police Officer Scott
Moorhouse; Walnut Creek Police Chief
Tom Chaplin, and DOES 1-20,

STIPULATION AND ORDER TO
MODIFY BRIEFING SCHEDULE RE
CITY OF WALNUT CREEK’S MOTION
TO DISMISS

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Defendants.
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WHEREAS defendants City of Walnut Creek recently filed a Motion to Dismiss
plaintiff’s First amended Complaint on January 11, 2018, and is now set for hearing on March 29,
2018; and
WHEREAS plaintiff’s Opposition briefing would under Northern District Local Rules be
required to be filed and served no later than January 25, 2018; and

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STIP AND ORDER TO MODIFY BRIEFING SCHEDULE RE
CITY OF W.C.’S MTN TO DISMISS C17-02616 HSG

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WHER
REAS plain
ntiff’s counse is set for depositions almost eve day in a construction
el
s
ery
n
ma
atter through the end of the month and the into F
h
February, an
nd
WHER
REAS plaint
tiff’s counsel and defens counsel ha met and conferred to propose an
se
ave
d
n
or
rderly modifi
fication to the briefing sc
e
chedule for th City’s Motion to Dism
he
miss, and

respective atto
orneys, here agree and stipulate that good cause exist in the int
eby
a
e
ts
terest of the
e

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furtherance of justice an the abov
nd
ve-referenced circumstan
d
nces that th briefing schedule be
he
e

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ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

NOW THEREFO
ORE, the City moving parties an plaintiff, by and th
C
g
nd
hrough their

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

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mo
odified such that plainti
h
iff’s Opposition to said motion shal be due no later than F
ll
o
February 22
2,

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20 and the Reply briefi no later than March 10, 2018.
018,
ing
t

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IT IS SO STIPULA
S
ATED.
Da
ated: January 23, 2018
y

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HELBRAUN LAW FIRM
H
N
M

By:
B

____
___/s/__Helb
braun, David M
d
Davi M. Helbra
id
aun
Attor
rneys for Pla
aintiff
Paul Alfred Sinc
cerny

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Da
ated: January 23, 2018
y

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MCNAMARA, NEY, BEATT , SLATTERY,
TY
Y
BORGES & AM
MBACHER LL
LP

By:
B

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/s/ Bl
lechman, No G.
oah
Noah G Blechman
G.
Attorney for Defen
ys
ndants
City of W
Walnut Cree Walnut C
ek;
Creek Police Sergeant
e
Ryan Hi
ibbs; Walnu Creek Poli Officer L
ut
ice
Lee
Herring
gton; Walnut Creek Polic Officer A
t
ce
Adams; and
Walnut Creek Polic Officer As
ce
shley Roskos

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ORDER
R

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PU
URSUANT TO THE PA
T
ARTIES’ STI
IPULATION AND GO
N,
OOD CAUSE EXSITING
E
G
TH
HEREFORE IT IS HER
E,
REBY ORDE
ERED THA T PLAINTIFF’S OPPO
OSITION TO THE
O
MOTION TO DISMISS THE FIRST AMENDED COMPAIN BE FILE NO LATER THAN
M
T
D
NT
ED
FE
EBRUARY 22, 2018, AN THE MO
ND
OVING PAR
RTIES’ REP
PLY BRIEF
FING BE FIL
LED NO
LA
ATER THAN MARCH 10, 2018.
N
Da
ated: Januar 24, 2018
ry

By:_____
__________
___________
__
Hon. Hay
ywood S. Gi
illiam, Jr.
District C
Court Judge

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STIP AND ORDER TO MODIFY BR
RIEFING SCHEDU RE
ULE
TY
TN
CIT OF W.C.’S MT TO DISMISS C17-02616 HSG

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