Canas et al v. City of Sunnyvale et al

Filing 54

STIPULATION AND ORDER TO CONTINUE MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE (approving 53 ). The Motion Hearing and Case Management Conference set for 1/15/2010 are CONTINUED to 3/12/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 1/4/2010. (jflc2, COURT STAFF) (Filed on 1/6/2010)

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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 1/6/2010**

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 the date for completion of the Early Neutral Evaluation (hereinafter "ENE") be continued to February 19th 2010. An initial ENE session was held on October 6. The parties and evaluator agreed the parties should exchange further discovery and hold a second session on November 20, 2009 which date had to be continued because of a scheduling conflict. The Defendant City has provided extensive information and documents to both the ENE evaluator and counsel for the plaintiffs. The parties have agreed to a second day of ENE on February 11 and respectfully request that the time for ENE be continued to February 19, 2010 to allow completion of the ENE process. IT IS FURTHER STIPULATED that defendants' Motion to Dismiss plaintiff's Third Amended Complaint and a further Case Management Conference, both currently set for January 15,
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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO DISMISS AND CMC

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2010 at 9:00 a.m., be continued to Friday March 12, 2010 to allow time for the completion of the ENE process. As the ENE may dispose of the case, the parties respectfully request that the court

continue the defendants' Motion to Dismiss Plaintiff's Third Amended Complaint and the Case Management Conference to March 12, 2010. The parties further request court approval of the following schedule. Plaintiffs' opposition brief to the motion to dismiss shall be filed and served on or before Friday, February 19, 2010. Defendant's reply brief to be filed and served on or before Friday February 26, 2010. A joint case management conference statement and Rule 26 Disclosures to be completed and the joint cmc statement filed on or before Friday march 5, 2010. Dated: December 23, 2009 BERTRAND, FOX & ELLIOT

By:

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

Dated: December 22, 2009

ROBERTS & ELLIOT LLP

By:

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

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: December 23, 2009 /s/ Gregory M. Fox

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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO DISMISS AND CMC

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ORDER

Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint and the Case Management Conference are continued to 900 am on March 12, 2010. Plaintiffs' opposition brief to the motion to dismiss shall be filed and served on or before Friday, February 19, 2010. Defendants' reply brief to be filed and served on or before Friday February 26, 2010. A joint case management conference statement and Rule 26 Disclosures to be completed and the joint cmc statement filed on or before Friday March 5, 2010. THE STIPULATION IS SO ORDERED.

__________________________________________ Honorable Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO DISMISS AND CMC