Canas et al v. City of Sunnyvale et al

Filing 69

ORDER APPROVING 67 STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND EXTENDING TIME TO OPPOSE, AND CONTINUING CASE MANAGEMENT CONFERENCE. The Motion Hearing and Case Management Conference set for 7/9/2010 are CONTINUED to 8/27/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 6/24/2010. (jflc2, COURT STAFF) (Filed on 6/24/2010)

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ROBERTS & ELLIOTT, LLP JAMES ROBERTS, SBN 98804 SHARMI SHAH, SBN 233110 Ten Almaden Boulevard Suite 500 San Jose, CA 95113 Telephone: [phone] Fax: [phone] Russell A. Robinson, 163937 Law Office of Russell A. Robinson 345 Grove Street, First Floor San Francisco CA 94102 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiffs ERIKA CANAS, et al.

**E-Filed 6/24/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIKA CANAS, JOSE CANAS, a minor, by and through his guardian ad litem, and JESUS CANAS, a minor, by and through his guardian ad litem, Plaintiffs, v. CITY OF SUNNYVALE, CHRIS SEARLE, and DARREN PANG, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-08-5771-JF

STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND EXTENDING TIME TO OPPOSE, AND CONTINUING CASE MANAGEMENT CONFERENCE; ---r--p--s-----ORDER [P - o - o -ed] [Jury Trial Demanded] Date: July 9, 2010 Time: 9:00 a.m. Courtroom 3 Honorable Jeremy Fogel

20 21 22 23 24 25 26 I. STIPULATION

TO THE HONORABLE COURT HEREIN: The parties, through counsel of record, hereby stipulate as follows: Defendants CITY OF SUNNYVALE, CHRIS SEARLE, and DARREN PANG have
______________________________________________________________________________________________________________________ STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND EXTENDING TIME TO OPPOSE, AND CONTINUING CASE MANAGEMENT CONFERENCE; [Proposed] ORDER Canas, et al., v. City of Sunnyvale, et al. Case No. C-08-5771-JF 10EC.P007

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moved to dismiss the plaintiffs' Fourth Amended Complaint pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6). The opposition is due June 18, 2010, and the hearing is set for July 9, 2010, at 9:00 a.m. Counsel have started to meet and confer over the substance of the motion and the perceived deficiencies in the Fourth Amended Complaint. Plaintiffs ERIKA CANAS and minors JOSE CANAS and JESUS CANAS associated attorney Russell A. Robinson, to act as co-lead counsel in this matter. Robinson needs additional time to familiarize himself with the case and to draft an opposition. Therefore, the parties hereby agree that the hearing date on said motion be continued to August 27, 2010, at 9:00 a.m. Plaintiffs' opposition shall be due August 6, 2010. The parties also hereby request, through counsel of record, that the Court continue the case management conference to the same date.

Date: June 21, 2010

/s/ Russell A. Robinson Law Office of Russell A. Robinson By: Russell A. Robinson Co-Counsel for Plaintiffs ERIKA CANAS and minors JOSE CANAS and JESUS CANAS

Date: June 21, 2010

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

______________________________________________________________________________________________________________________ STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND EXTENDING TIME TO OPPOSE, AND CONTINUING CASE MANAGEMENT CONFERENCE; [Proposed] ORDER Canas, et al., v. City of Sunnyvale, et al. -2Case No. C-08-5771-JF 10EC.P007

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II.

ORDER Based on the above, and good cause appearing, The Court hereby orders as follows: 8/27 The hearing date on Defendants' motion is continued to __________, 2010, at 9:00 a.m.

8/6 Plaintiffs' opposition shall be due ___________, 2010. 8/27 9:00 The case management conference is also continued to __________, 2010, at _____ a.m. 8/20 The joint case management conference statement shall be due ___________, 2010. IT IS SO ORDERED.

Date:

6/24/2010 HONORABLE JEREMY FOGEL United States District Court Northern District of California

______________________________________________________________________________________________________________________ STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND EXTENDING TIME TO OPPOSE, AND CONTINUING CASE MANAGEMENT CONFERENCE; [Proposed] ORDER Canas, et al., v. City of Sunnyvale, et al. -3Case No. C-08-5771-JF 10EC.P007