Valdez et al v. City of Gonzales et al

Filing 11

STIPULATION AND ORDER re 10 Allowing Plaintiff to File an Amended Complaint. Plaintiff shall file an Amended Complaint by January 17, 2011. Defendants' Motion for More Definite Statement 5 is DISMISSED AS MOOT. The Februry 23, 2011 Case Management Conference remains as set. Signed by Judge Koh on 12/15/2010. (lhklc3, COURT STAFF) (Filed on 12/15/2010)

Valdez et al v. City of Gonzales et al

Doc. 11

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Vincent P. Hurley #111215 Amanda M. Cohen #243946 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation 38 Seascape Village Aptos, California 95003 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF GONZALES, GONZALES POLICE DEPARTMENT, CHIEF PAUL MILLER and SGT. PETER AUSTEN UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) JOSE LUIS VALDEZ and ALICIA T. ) VALDEZ, individually and as ) representatives of the ESTATE OF MARCO ) VALDEZ; JUANITA RAMIREZ FLORES; ) ALICIA T. VALDEZ as Guardian ad Litem ) for ITZEL YARETZI VALDEZ RAMIREZ ) (a minor); MIZAEL FRANCISCO VALDEZ ) RAMIREZ (a minor); and FRANCESCA ) MARIE VALDEZ (a minor), ) ) Plaintiffs, ) ) vs. ) ) CITY OF GONZALES; GONZALES ) POLICE DEPARTMENT; CHIEF PAUL ) MILLER, individually and in his capacity as ) a Chief of Police for the City of Gonzales; ) SGT. PETER AUSTEN, individually and in ) his capacity as a police officer for the City of ) Gonzales; and DOES 1-50, inclusive, ) ) Defendants. ) ) Case No. CV 10-05112 LHK STIPULATION OF ALL PARTIES AND ORDER VACATING BRIEFING SCHEDULE AND ORDERING FILING OF AMENDED COMPLAINT; FEBRUARY 23, 2010 CASE MANAGEMENT CONFERENCE REMAINS AS SET

Attorneys for the parties have met and conferred and stipulate as follows: Defendants filed their motion for a more definite statement under Federal Rule of Civil Procedure 12(e) on November 22, 2010, and the Court has ordered the Plaintiffs to file their opposition to Defendants' motion by December 17, 2010. Plaintiffs do not oppose Defendants'
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Stipulation and Order Case No. CV 10-05112 LHK

Dockets.Justia.com

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motion for a more definite statement. Plaintiffs intend to file an amended complaint. The parties hereby stipulate to request that the Court vacate its order of November 23, 2010 setting a briefing schedule on Defendants' Rule 12(e) motion, and order the Plaintiff to file an amended complaint addressing the issues raised in Defendants' Rule 12(e) motion on or before January 17, 2011. All parties further stipulate and request that the Court issue an order delaying the Case Management Conference, currently set for February 23, 2011, and all other dependent deadlines, by 30 days. IT IS SO STIPULATED. Dated: December 14, 2010 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation

By:

/s/ Amanda M. Cohen AMANDA M. COHEN Attorneys for Defendants CITY OF GONZALES, GONZALES POLICE DEPARTMENT, CHIEF PAUL MILLER and SGT. PETER AUSTEN Dated: December 14, 2010 LAW OFFICES OF MANUEL A. JUAREZ

By:

/s/ Manual A. Juarez MANUEL A. JUAREZ Attorneys for Plaintiffs

ORDER Based on the stipulation of the parties: IT IS ORDERED that, on or before January 17, 2011, Plaintiffs must file an amended complaint addressing all issues raised in Defendants' moving papers, including a statement of the Plaintiffs' identities and capacities; a statement in each cause of action specifying which plaintiffs bring that cause of action against which defendants; and explanations of the specific causes of action as addressed in Defendants' moving papers. In addition, on or before
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Stipulation and Order Case No. CV 10-05112 LHK

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January 17, 2011, any Plaintiff who claims to sue on behalf of the decedent, Marco Valdez, as his successor in interest must file an affidavit pursuant to California Code of Civil Procedure section 377.32. Pursuant to the parties' stipulation allowing Plaintiff to file an amended complaint, Defendants' motion for a more definite statement [dkt. #5] is DISMISSED AS MOOT. If Plaintiffs do not file and serve their amended complaint within the time specified, the Court may dismiss this action, unless good cause is shown otherwise. The parties' request to continue the Case Management Conference is DENIED. The Case Management Conference set for February 23, 2011 remains as set.

Dated: December 15, 2010

______________________________________ LUCY H. KOH United States District Court Judge

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Stipulation and Order Case No. CV 10-05112 LHK