Cole et al v. Rocheville et al
Filing
131
STIPULATION AND ORDER 126 Continuing Hearing Date for All Parties Cross Motions for Summary Judgment and Case Management Conference: Case Management Conference set for 7/8/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 7/8/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 6/7/11. (jg, COURT STAFF) (Filed on 6/7/2011)
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Gregory M. Fox, State Bar No. 070876
Dana L. Soong, State Bar No. 168160
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
(415) 353-0999
Facsimile:
(415) 353-0990
*E-FILED - 6/7/11*
Attorneys for Defendants CITY OF SUNNYVALE,
CHIEF DON JOHNSON, OFFICER STEVEN ROCHEVILLE,
LIEUTENANT TRACY HERN and OFFICER SCOTT CORTESE
And CAPTAIN KELLY FITZGERALD
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UNITED STATE DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No.: C08-05017 RMW
RUSSELL COLE and STEPHANIE OBERG,
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Plaintiffs,
STIPULATION AND [] ORDER
CONTINUING HEARING DATE FOR ALL
PARTIES CROSS MOTIONS FOR
SUMMARY JUDGMENT AND CASE
MANAGEMENT CONFERENCE
vs.
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SUNNYVALE, CHIEF DON JOHNSON,
OFFICER STEVEN ROCHEVILLE,
LIEUTENANT TRACY HERN, OFFICER
SCOTT CORTESE, and CAPTAIN KELLY
FITZGERALD,
Defendants.
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The parties, acting by and through their respective legal counsel, herein stipulate for an Order
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continuing the hearing date for their respective Cross Motions for Summary Judgment presently set
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for Friday, June 17, 2011 to Friday July 8, 2011 at 9:00 a.m. in Courtroom 6, 4th Floor of the U.S.
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District Courthouse located at 280 S. 1st St., Rm. 2112, San Jose, California. Good cause exists to
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move the hearing date for the following reasons.
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Defendants’ counsel Gregory M. Fox is presently scheduled to attend the wedding of his sister
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which is occurring Friday June 17, 2011 and Saturday June 18, 2011. He and his entire family are
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leaving San Francisco by an air flight at approximately ten am Friday June 17, 2011 and are unable to
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arrange alternative transportation at a later time. Plaintiffs’ counsels have graciously agreed to this
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personal family matter relating to Mr. Fox and his family as good cause for the continuance.
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Counsel have met and conferred on the continued dates and the Court has also indicated that
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STIPULATION AND [ ORDER CONTINUING HEARING DATE OF
MOTIONS FOR SUMMARY JUDGMENT AND CASE MANAGEMENT CONFERENCE
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this date is available for the Honorable Ronald M. Whyte. The briefing schedule to remain as
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originally set by applicable law with all Reply briefs due by June 3, 2011.
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So Stipulated:
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Dated: May 31, 2011
BERTRAND, FOX & ELLIOT
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By:
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/s/
Gregory M. Fox
Attorneys for Defendants City of Sunnyvale,
Chief Don Johnson, Officer Steven Rocheville,
Lieutenant Tracy Hern, Officer Scott Cortese, and
Captain Kelly Fitzgerald
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Dated: May 31 , 2011
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KALLIS & ASSOCIATES P.C.
By:
Jeffrey Kallis
Attorneys for Plaintiffs
Russell Cole and Stephanie Oberg
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/s/
Dated: May 31, 2011
BUSTAMANTE O’HARA & GAGLIASSO
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By:
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/s/
Andrew V. Stearns
Steven M. Berki
Attorneys for Plaintiffs
Russell Cole and Stephanie Oberg
ATTORNEY ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this E-filed document.
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Dated: May _31, 2011
/s/
Gregory M. Fox
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STIPULATION AND [] ORDER CONTINUING HEARING DATE OF
MOTIONS FOR SUMMARY JUDGMENT AND CASE MANAGEMENT CONFERENCE
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ORDER
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The hearing date for plaintiffs’/defendants’ Motions for Summary Judgment in the above
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entitled case shall be continued from June 17, 2011 to July 8, 2011 beginning at 9:00 a.m. and the
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Case Management Conference is continued from June 17, 2011 to July 8, 2011 beginning at 10:30
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a.m.
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IT IS SO ORDERED.
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Dated:
6/7/11
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [] ORDER CONTINUING HEARING DATE OF
MOTIONS FOR SUMMARY JUDGMENT AND CASE MANAGEMENT CONFERENCE
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