Canas et al v. City of Sunnyvale et al

Filing 52

STIPULATION AND ORDER TO CONTINUE THE MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE (approving 48 ). The Motion To Dismiss and Case Management Conference are set for 1/15/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 10/22/2009. (jflc2, COURT STAFF) (Filed on 10/28/2009)

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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] Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG

**E-Filed 10/28/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

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 STIPULATION AND ----------------- ORDER [PROPOSED] TO CONTINUE MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE

CITY OF SUNNYVALE, CHRIS SEARLE, DARREN PANG and DOES ONE through TWENTY-FIVE, Defendants.

IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned attorneys of record, that defendants' Motion to Dismiss plaintiff's Third Amended Complaint be continued to 60 days after the further Early Neutral Evaluation (hereinafter "ENE"), which has been scheduled for November 20. In addition the parties wish to move the next Case Management Conference to a date 60 days after the further ENE. The parties have agreed upon a proposed protective order to be submitted to the court. Discovery will proceed once the proposed protective order has been entered by the court. The parties felt that discovery was needed to conduct a meaningful ENE, therefore a further ENE was scheduled. As the ENE may dispose of the case, we hereby respectfully request that the court continue the defendants' Motion to Dismiss plaintiff's Third Amended Complaint and the Case Management Conference to a date 60 days after the ENE scheduled for November 20 and propose the date of January 15, 2010 at 9am for both the Motion to
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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO DISMISS AND CMC

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Dismiss and further CMC. Dated: October 9, 2009 BERTRAND, FOX & ELLIOT

By:

/s/ M. Fox Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG
Gregory

Dated: October 9, 2009

ROBERTS & ELLIOT LLP

By:

/s/ James Roberts, Esq. Sharmi Shah, Esq. Attorneys for Plaintiffs ERIKA CANAS, JOSE CANAS, and JESUS CANAS

ORDER Good cause appearing, THE STIPULATION IS SO ORDERED. 10/22/2009 Dated: ___________________, 2009 __________________________________________ Hon. Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE 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: October_13, 2009

/s/ Gregory M. Fox

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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO DISMISS AND CMC