Joe Charvez v. County of Santa Clara

Filing 38

STIPULATION AND ORDER 37 to Vacate February 13, 2009 Hearing Date: Case Management Conference set for 6/19/2009 10:30 AM. Signed by Judge Ronald M.Whyte on 12/10/08. (jg, COURT STAFF) (Filed on 12/10/2008)

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a nta C l a r a S a n Jose , Ca l i fo r n i a

ANN MILLER RAVEL, County Counsel (S.B. #62139) MARCY L. BERKMAN, Deputy County Counsel (S.B. #151915) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant COUNTY OF SANTA CLARA
*E-FILED - 12/10/08*

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE)

JOE CHARVEZ Plaintiff, v. COUNTY OF SANTA CLARA, Defendants.

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No.

06-CV-06126-RMW

STIPULATION AND [] ORDER TO VACATE FEBRUARY 13, 2009 HEARING DATE

1. WHEREAS the subject lawsuit alleges that two sheriff deputies ­ plaintiffs Charvez and Camarda ­ should be compensated for time spent donning and doffing uniforms and equipment; 2. WHEREAS a hearing date of February 13, 2009 was set for anticipated hearings on cross-motions for summary judgment/summary, but no briefs have yet been filed; 3. WHEREAS subsequent to the time that February 13, 2009 date was set, the Ninth Circuit Court took jurisdiction over the following donning and doffing cases: Bamonte v. City of Mesa [Case No. 08-16206] and Maciel v. City of Los Angeles [Case Nos. 08-555701, 08-55702 and 08-55958]; 4. WHEREAS the parties mutually agree that the donning and doffing cases presently pending before the Ninth Circuit are anticipated to be either wholly or partially dispositive of the lawsuit filed by Charvez and Camarda;
S tip u la tion and [Proposed] Order to Vacate xxxxxxxxx F e b r u a r y 13, 2009 Hearing Date

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a nta C l a r a S a n Jose , Ca l i fo r n i a

5. WHEREAS briefing of the Bamonte appeal is scheduled to be completed in December 2008 and briefing in the Maciel appeal is scheduled to be completed in January 2008; 6. WHEREAS the parties concur that neither the interests of justice nor the interests of judicial economy would be served by briefing cross-motions for summary judgment/summary adjudication and having them heard prior to the time that the Ninth Circuit issues its rulings in Bamonte and Maciel and those rulings become final. 7. NOW THEREFORE the parties stipulate and agree to vacate the February 13, 2009, hearing date for cross-motions on summary judgment/summary adjudication.

Dated: December 8, 2008

By:

/S/ ALLISON BERRY-WILKINSON At torney for Plaintiff JOE CHARVEZ

I hereby attest that I have on file the holograph signature for the signature indicated by a "conformed" signature (/S/) within this e-filed document.

Dated: December 8, 2008

Respectfully submitted, ANN MILLER RAVEL County Counsel By: /S/ MARCY L. BERKMAN Deputy County Counsel Attorneys for Defendant COUNTY OF SANTA CLARA ORDER VACATING HEARING DATE

Good cause showing therefore, IT IS HEREBY ORDERED that the February 13, 2009 hearing date for cross-motions on summary judgment/summary adjudication is vacated.
Court sets a Case Management Conference for June 19, 2009 @ 10:30 am. The

12/10/08 Dated: ______________________
157357.wpd

_________________________________ HONORABLE RONALD M. WHYTE U.S. District Court Judge

S tip u la tion and xxxxxxxxxx Order to Vacate [Proposed] F e b r u a r y 13, 2009 Hearing Date

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