Arizmendi et al v. City of San Jose et al

Filing 72

ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE re 64 Pretrial Memorandum. In light of the anticipated dispositive motion, the Court finds that a Preliminary Pretrial Conference would be premature at this time. Accordingly, the Court VACATES the 3/29/2010 Preliminary Pretrial Conference. The Court will set a new Conference date, if necessary, in its order addressing the anticipatemotion for summary judgment. Signed by Judge James Ware on 3/24/2010. (ecg, COURT STAFF) (Filed on 3/25/2010)

1 2 3 4 5 6 7 8 9 10 Therese Arizmendi, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-05163 JW ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE

United United States District Court

11
For the Northern District of California

City of San Jose, et al., Defendants. /

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This case is scheduled for a Preliminary Pretrial Conference on March 29, 2010. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Case Management Statement. (hereafter, "Statement," Docket Item No. 64.) In their Statement, Defendants represent that they intend to file a Motion for Summary Judgment1 on the issue of whether the officer Defendants have qualified immunity as to Plaintiffs' Section 1983 claim. (Statement at 10.) In light of the anticipated dispositive motion, the Court finds that a Preliminary Pretrial Conference would be premature at this time. Accordingly, the Court VACATES the Preliminary Pretrial Conference. The Court will set a new Conference date, if necessary, in its order addressing the anticipate motion for summary judgment.

Dated: March 24, 2010

JAMES WARE United States District Judge

The parties shall take note that the Court's remaining law and motion hearing dates through the Spring are quickly filling up. Any party wishing to file a dispositive motion shall do so expeditiously to meet the Case Schedule's deadline for filing such motions.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew Vinson Stearns [e-mail] Daisy M. Nishigaya [e-mail] Ignascio Gallegos Camarena [e-mail] Joseph P. DiCiuccio [e-mail] M. Jeffery Kallis [e-mail] Michael J. Dodson [e-mail] Steven Michael Berki [e-mail]

Dated: March 24, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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