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:
[phone]
Facsimile:
[phone]

*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