Leatherman v. City of Eureka et al

Filing 13

ORDER by Judge Haywood S. Gilliam, Jr. Granting 12 Stipulation re 11 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 1/19/2018)

1
2
3
4
5
6
7

Peter E. Martin, SBN 121672
[e-mail]
Shelley K. Mack, SBN 209596
[e-mail]
Martin & Mack LLP
1369 G Street
Arcata, California 95521
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
OSCAR LEATHERMAN and
KELLY PIFFERINI

8
9
10
11
12
13
14
15
16
17
18
19

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

OSCAR LEATHERMAN and KELLY
PIFFERINI,

) CASE NO. 4:17-CV-05610-HSG
)
) STIPULATION TO EXTEND CASE
) DEADLINES; [PROPOSED] ORDER
Plaintiffs,
)
)
vs.
)
)
)
CITY OF EUREKA, EUREKA POLICE
)
DEPARTMENT, and STEVE WATSON, in )
his official capacity as Interim Chief of Police, )
)
)
Defendants.
)
_____________________________________ )

20
21
22
23
24
25
26
27
28

_____________________________________________________________________________________________________
STIPULATION TO EXTEND CASE DEADLINES; [PROPOSED] ORDER
LEATHERMAN et al. v. CITY OF EUREKA et al., Case No. 4:17-cv-05610-HSG

0

1
2

Plaintiff Oscar Leatherman ( “Plaintiff” or “Mr. Leatherman”) filed the above-referenced

3

action on or about September 28, 2017. On December 7, 2017, Plaintiff filed a First Amended

4

Complaint in this action, and was joined in his claims by new Plaintiff Kelly Pifferini.

5
6

On January 12, 2018, Defendants City of Eureka, Eureka Police Department, and Steve
Watson, in his official capacity as Chief of Police (collectively hereinafter, “Defendants”) filed a

7
8

Motion to Dismiss Plaintiffs’ First Amended Complaint for failure to state a claim under Rule

9

12(b)(6) of the Federal Rules of Civil Procedure. Pursuant to Civil Local Rule 7-3(a), Plaintiffs

10

are currently due to file their opposition to Defendants’ Motion to Dismiss on or before January

11

26, 2018.

12
13

On January 18, 2018, by and through their attorney of record, Shelley K. Mack, Plaintiffs

14

requested a one-week extension of time, to and through February 2, 2018, in order to file their

15

opposition to Defendants’ Motion to Dismiss. Defendants’ counsel of record, Cyndy Day-

16

Wilson, granted Plaintiffs’ request for an extension of time the same day. The parties thus

17

agreed as follows:

18
19
20
21
22
23

IT IS HEREBY AGREED AND STIPULATED by and between Plaintiff and Defendants
respectively, through their attorneys of record, that:
1. Plaintiffs shall file their opposition to Defendants’ Motion to Dismiss the First
Amended Complaint on or before February 2, 2018.
2. No other court dates or deadlines are affected by this Stipulation.

24
25

IT IS SO STIPULATED.

26
27
28

_____________________________________________________________________________________________________
STIPULATION TO EXTEND CASE DEADLINES; [PROPOSED] ORDER
LEATHERMAN et al. v. CITY OF EUREKA et al., Case No. 4:17-cv-05610-HSG

1

1

Respectfully Submitted,

2
3

Dated: January 19, 2018

By:

/s/ Shelley K. Mack
___________________________
Peter E. Martin
Shelley K. Mack
Attorneys for Plaintiffs
OSCAR LEATHERMAN and
KELLY PIFFERINI

Dated: January 19, 2018

By:

/s/ Cyndy Day-Wilson
__________________________________
Cyndy Day-Wilson, Eureka City Attorney
Attorneys for Defendants
CITY OF EUREKA, EUREKA POLICE
DEPARTMENT, and STEVE WATSON, in his
official capacity as interim Chief of Police

4
5
6
7
8
9
10
11
12
13

ORDER

14
15
16
17

IT IS HEREBY ORDERED that Plaintiffs shall file their opposition to Defendants’
Motion to Dismiss Plaintiffs’ First Amended Complaint on or before February 2, 2018.

18
19

IT IS SO ORDERED.

20
21
22
23

Dated: 1/19/18

___________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Magistrate Judge

24
25
26
27
28

_____________________________________________________________________________________________________
STIPULATION TO EXTEND CASE DEADLINES; [PROPOSED] ORDER
LEATHERMAN et al. v. CITY OF EUREKA et al., Case No. 4:17-cv-05610-HSG

2