Duran v. Marfia et al

Filing 37

ORDER Approving 35 Stipulation Continuing Status Conference. Signed by Judge Paul S. Grewal on May 3, 2011. (psglc2, COURT STAFF) (Filed on 5/3/2011)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Assistant City Attorney (#93249)
STEVEN B. DIPPELL, Sr. Deputy City Attorney (#121217)
Office of the City Attorney
200 East Santa Clara Street
San José, California 95113-1905
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorney for Defendants,
CITY OF SAN JOSE, SGT. MARFIA and SGT. DOLEZAL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARLOS DURAN,

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Plaintiff,

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Case Number: CV10-01380 PSG
STIPULATION AND
ORDER CONTINUING STATUS
CONFERENCE

v.
J. MARFIA, Badge No. 3254; SERGEANT
DOLEZAL, Badge No. 2010; OFFICER
MIZUHARA, Badge No. 3377, et al.,
Defendants.

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STIPULATION

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1.

On March 7, 2011, the Clerk of the Court provided the parties with notice

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that the status conference in this case has been reset to May 10, 2011 at 2:00 p.m., and

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that the parties are required to submit status conference statements by May 3, 2011.

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2.

Pursuant to a stipulation of the parties, the court subsequently entered an

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order on April 14, 2011, granting the plaintiff leave to file an amended complaint by April

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29, 2011, and requiring the defendants to file any response no later than May 20, 2011.

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3.

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Plaintiff filed his First Amended Complaint on April 27, 2011.

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Stipulation and Order Continuing Status Conference

CV10-01380 PSG
749741

4.

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The parties herewith jointly request that both the May 10 status conference,

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and the May 3 deadline for filing a status conference statement, be postponed for

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approximately thirty days to give the defendants an opportunity to analyze and decide how

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to respond to the Plaintiff’s First Amended Complaint before other case management

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issues are addressed.

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Dated: May 2, 2011

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______/s/ Anthony Boskovich________
ANTHONY BOSKOVICH
Attorney at Law

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Attorney for Plaintiff,
CARLOS DURAN

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BOSKOVICH & APPLETON

Dated: May 2, 2011

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RICHARD DOYLE, City Attorney
By: ___/s/ Steven B. Dippell_________
STEVEN B. DIPPELL
Sr. Deputy City Attorney

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Attorney for Defendants,
CITY OF SAN JOSE, SGT. MARFIA, and
SGT. DOLEZAL

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING:

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I attest that concurrence in the filing of this document by the signatories, Steven B.

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Dippell and Anthony Boskovich, has been obtained, and that a record of the concurrence

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shall be maintained at the Office of the City Attorney.

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Dated: May 2, 2011

By:___/s/ Steven B. Dippell_________
STEVEN B. DIPPELL

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Stipulation and Order Continuing Status Conference

CV10-01380 PSG
749741

ORDER

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Having read and considered the parties stipulation, and finding good cause for the
relief requested therein, it is herewith ordered that:

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1.

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vacated;

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2.

The Clerk’s Notice of Resetting Status Conference dated March 7, 2011 is

The status conference for this matter is reset to Tuesday, June 7,

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2011, at 2 p.m., before Magistrate Judge Paul S. Grewal, in Courtroom 5, 4th Floor of

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the United States District Court, 280 South First Street, San Jose, California; and

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3.

Status conference statement(s) shall be submitted to the court no later than

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May 31, 2011.

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Dated: May 3, 2011________________

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____________________________
HON. PAUL S. GREWAL
USDC Magistrate Judge

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Stipulation and Order Continuing Status Conference

CV10-01380 PSG
749741