Shahrivar v. City of San Jose et al

Filing 19

STIPULATION AND ORDER REGARDING AMENDMENT OF COMPLAINT AND MOTION TO DISMISS AND RESCHEDULING OF CMC AND HEARING (approving 18 ). The Motion To Dismiss and Case Management Conference set for 10/15/2010 are CONTINUED to 12/17/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/27/2010. (jflc2, COURT STAFF) (Filed on 9/27/2010)

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Shahrivar v. City of San Jose et al Doc. 19 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 29 30 31 SHARONROSE CANNISTRACI, CSBN #121827 Cannistraci Law Firm 16450 Los Gatos Drive, Suite 110 Los Gatos, CA 95032 Telephone Number: (408) 335-7368 Facsimile Number: (408) 402-8362 E-Mail Address: sharonrose@cannistracilaw.com Attorney for Plaintiff RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Assistant City Attorney (#93249) MICHAEL J. DODSON, Sr. Deputy City Attorney (#159743) NKIA D. RICHARDSON, Deputy City Attorney (#193209) Office of the City Attorney 200 East Santa Clara Street San José, California 95113-1905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attorneys for Defendants **E-Filed 9/27/2010** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION FARID SHAHRIVAR, Plaintiff, v. CITY OF SAN JOSE, a municipality; RODNEY RAPSON, an individual; DAVID SYKES, an individual; HARRY FREITAS, an individual; KATHERINE JENSEN, an individual; DAVID PRINTY, an individual; DANNY TSAO, an individual; KATRINA ALLEN, an individual; DOUG BAKER, an individual; ALEX GURZA, an individual; SARAH NUNES, an individual; LES WHITE, an individual; ALLEN DEMERS, an individual; RAJIV DAS, an individual; ADAM STREMPEL, an individual; STEVE PAGAN, an individual; ANGELA CHEN, an individual; MARK DANAJ, an individual; ROBERT FABELA, an individual; SUSAN LACY, and DOES 1 through 45, inclusive, Defendants. Case Number: CV-10-01029 JF STIPULATION AND [PROPOSED] -----------------ORDER REGARDING AMENDMENT OF COMPLAINT AND MOTION TO DISMISS AND RESCHEDULING OF CMC AND HEARING -1STIP AND ORDER Re Amendment of Complaint and Motion to Dismiss CASE NO.: CV10-01029 JF Dockets.Justia.com 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 29 30 31 I T IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel, that good cause exists for Defendants to withdraw their Motion to Dismiss without prejudice to renew and for the court to vacate the Case Management Hearing currently scheduled to be held on October 15, 2010 at 9 am, pending Plaintiff filing an Amended Complaint for Damages on or before the proposed date below or as otherwise ordered by the court and request the court reset the deadlines and hearings as proposed below or as the court so determines. Respectfully submitted, CANNISTRACI LAW FIRM /s/ Sharonrose Cannistraci By: ______________________________ SHARONROSE CANNISTRACI Attorney for Plaintiff Dated: September 22, 2010 Dated: September 22, 2010 RICHARD DOYLE, City Attorney By: __/s/ Michael J. Dodson____________ MICHAEL J. DODSON Sr. Deputy City Attorney Attorney for Defendants ORDER GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the relief requested in the parties stipulation above is hereby granted and the Case Management Hearing is vacated and the following dates are hereby ordered by the court: 1. Last Day to File and Serve an amended complaint. 2. Last Day for Defendants to respond to the amended complaint by motion or answer. 3. Early Case Management Hearing in Courtroom 3, 5th Floor, JF at 9:00 AM 4. Hearing on Defendants' Motion to Dismiss in Courtroom 3, 5th Floor, JF at 9:00 AM 5. Last day to meet and confer re: initial disclosures, early -1STIP AND ORDER Re Amendment of Complaint and Motion to Dismiss CASE NO.: CV10-01029 JF October 8, 2010 November 8, 2010 December 17, 2010 December 17, 2010 To be set by the court 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 29 30 31 ettlement, ADR process selection, and discovery plan; file ADR Certification signed by Parties and Counsel; file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference To be set by the court 6. Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement 7. Case Management Hearing in Courtroom 3, 5th Floor, JF at 9:00 AM 9/27/2010 Dated: ____________________ To be set by the court HON. JEREMY FOGEL United States District Court Judge -1STIP AND ORDER Re Amendment of Complaint and Motion to Dismiss CASE NO.: CV10-01029 JF s

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