Millar et al v. City of Sunnyvale et al

Filing 28

STIPULATION AND ORDER Extending Deadline to File First Amended Complaint re 26 Proposed Order. Signed by Judge James Ware on 10/1/2010. (ecg, COURT STAFF) (Filed on 10/1/2010)

Millar et al v. City of Sunnyvale et al

Doc. 28

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Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF SUNNYVALE, DEVON KLEIN, CARL RUSHMEYER and KELLY FITZGERALD

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) ) Plaintiffs, ) vs. ) ) CITY OF SUNNYVALE, DEVON KLEIN, CARL RUSHMEYER, KELLY FITZGERALD, ) ) and DOES 1 to 20, ) ) Defendants. ) BRUCE MILLAR, PATRICIA MILLAR, and DAVID MILLAR,

Case No.: CV10-0827 JW STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE FIRST AMENDED COMPLAINT

The parties, through undersigned counsel, stipulate as follows, and request that the Court enter its Order implementing this stipulation. 1. On the record of the June 7, 2010 hearing/Case Management Conference, the

parties agreed that Plaintiffs ­ in light of a then-scheduled mediation session set for August 30, 2010 -- would have until September 30, 2010 to file an amended Complaint. Likewise, the parties also stipulated to allow Defendants additional time in which to file a responsive pleading, until 20 days after service of the amended Complaint. 2. The June 17, 2010 Order, of the Court, inadvertently or otherwise failed to reflect

the Court's approval of those terms, which are noted on the June 7, 2010 transcript. Previously, Plaintiff lodged relevant portions of the transcript, and so forth, in materials that were filed on September 13, 2010.
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE AMENDED COMPLAINT
Dockets.Justia.com

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3.

The parties wish to implement their agreements reached June 7, 2010 and request

that the Court issue an order achieving that result, for all parties' benefits.

Dated: September 29, 2010

LAW OFFICES OF NICHOLAS DAMER

By:

/s/ Nicholas Damer Attorney for Plaintiffs

Dated: September 30, 2010

BERTRAND, FOX & ELLIOT

By:

/s/ Gregory M. Fox Attorney for Defendants CITY OF SUNNYVALE, DEVON KLEIN, CAROL RUSHMEYER and KELLY FITZGERALD

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: September 30, 2010 /s/ Gregory M. Fox ORDER Good cause appearing, it is ordered that the above Stipulation is approved and that the Plaintiffs shall have until September 30, 2010 in which to file and serve an amended complaint, and Defendants shall have until 20 days thereafter to respond. The Amended Complaint shall be filed as a separate docket entry. October 1, 2010 Dated: _________________________ JAMES WARE United States District Court Judge
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE AMENDED COMPLAINT