Canas et al v. City of Sunnyvale et al

Filing 36

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE (approving 35 ). The Case Management Conference set for 7/17/2009 is CONTINUED to 9/4/2009 10:30 AM. Signed by Judge Jeremy Fogel on 7/2/2009. (jflc2, COURT STAFF) (Filed on 7/2/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG **E-Filed 7/2/2009** UNITED STATE DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIKA CANAS, JOSE CANAS, a minor, by and through his guardian ad litem, and JESUS CANAS, by and through his guardian ad litem, vs. Plaintiffs, Case No.: C08-05771 JF (PVT) STIPULATION AND ------------------ ORDER [PROPOSED] CONTINUING CASE MANAGEMENT CONFERENCE CITY OF SUNNYVALE, CHRIS SEARLE, DARREN PANG and DOES ONE through TWENTY-FIVE, Defendants. The parties, acting by and through their respective legal counsel, herein stipulate for an Order continuing the Case Management Conference and related filing requirements including the joint statement and Rule 26 disclosures and Report from Friday, 10:30 a.m., July 17, 2009 to a new hearing date for the CMC on Friday, 10:30 a.m., September 4, 2009. The filing date of the Joint Case Management Statement and the date for initial disclosures and Rule 26(f) Report are continued to August 28, 2009. Good cause exists for this stipulation because defendants have filed a motion to dismiss the plaintiffs' second amended complaint which is scheduled for hearing on Friday July 17, 2009. It is therefore presently uncertain which causes of action, if any, will proceed. The parties agree that said motion should be resolved and the case be "at issue" before the Case Management Conference is held with the Court. 1 STIPULATION FOR AN ORDER CONTINUING HEARING DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 So Stipulated: Dated: June 30, 2009 By: ROBERTS & ELLIOT LLP /s/ James Roberts, Attorney for Plaintiffs Dated: June 26 , 2009 BERTRAND, FOX & ELLIOT By: /s/ Gregory M. Fox Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG 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. Dated: July 1, 20009 /s/ Gregory M. Fox STIPULATION FOR AN ORDER CONTINUING HEARING DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 July 2 Dated: ____________, 2009 ORDER Good cause appearing, the stipulation is so ordered. Honorable Jeremy Fogel UNITED STATES DISTRICT COURT 3 STIPULATION FOR AN ORDER CONTINUING HEARING DATE

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