Parrish v. Solis et al

Filing 133

CORRECTION OF DOCKET # 122 .ORDER GRANTING STIPULATION. Signed by Judge Lucy Koh on 2/5/2014. (lhklc2, COURT STAFF) (Filed on 2/5/2014)

Case5:11-cv-01438-LHK Document121 Filed01/21/14 Page1 of 3

1 JAMES E. LYONS (State Bar. No. 112582)
TATYANA SHMYGOL (State Bar No. 267104)
2 525 University Avenue, Suite 1400
Palo Alto, California 94301
3 Telephone: [phone]
Facsimile: [phone]
4 Attorneys for Plaintiff
Kaheal Parrish
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6 KAMALA D. HARRIS
Attorney General of California
7 DANIELLE F. O'BANNON
Supervising Deputy Attorney General
8 D. ROBERT DUNCAN (State Bar No. 161918)
SHARON A. GARSKE (State Bar No. 215167)
9 Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
10 San Francisco, CA 94102-7004
Telephone: [phone]
11 Fax: [phone]
E-mail: [e-mail]
12 Attorneys for Defendants
Salazar, Sanudo, Powell, R. Machuca, A. Machuca,
13 and Haldeman
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KAHEAL PARRISH,

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v.

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C 11-1438 LHK
Plaintiff, JOINT STIPULATION AND
[PROPOSED] ORDER FURTHER
EXTENDING TIME FOR BRIEFING ON
MOTION TO DISMISS

23 A. SOLIS, et al.,
Defendants.

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WHEREAS, on November 21, 2013, Plaintiff Kaheal Parrish ("Parrish") filed his First

27 Amended and Supplemental Complaint ("FAC") in the above-captioned matter;
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;
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Joint Stipulation and [Proposed] Order Extending Time

Parrish v. Solis, et al., (C 11-1438 LHK)

Case5:11-cv-01438-LHK Document121 Filed01/21/14 Page2 of 3

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WHEREAS, on December 27, 2013, Defendants Salazar, Sanudo, Powell, R. Machuca, A.

2 Machuca and Haldeman ("Defendants") timely filed Defendants' Notice of Motion and Motion to
3 Dismiss the FAC Under Rule 12(b) ("Motion to Dismiss");
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WHEREAS, on January 8, 2014, pursuant to the parties' stipulation, this Court ordered that

5 Parrish should have until January 24, 2014 to serve and file his Opposition to the Motion to
6 Dismiss and that Defendants shall have until February 6, 2014, to serve and file their Reply in
7 Support of the Motion to Dismiss;
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WHEREAS, the Motion to Dismiss is currently calendared to be heard by this Court on

9 May 15, 2014, at 1:30 pm;
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WHEREAS, for the reasons set forth on the accompanying declaration of Tatyana

11 Shmygol, Parrish’s counsel request and extension of time to file an opposition to the Motion to
12 Dismiss and setting a new schedule for Defendants’ reply;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

14 Parrish and Defendants, as follows:
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1.

Parrish shall have until February 14, 2014, to serve and file his Opposition to

16 the Motion to Dismiss.
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2.

Defendants shall have until February 28, 2014, to serve and file their Reply

18 in Support of the Motion to Dismiss.
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3.

The Court will hold a hearing on the Motion to Dismiss in Courtroom 8 on

20 May 15, 2014, at 1:30 pm, as provided in the January 7, 2014, Clerk's Notice Continuing Motion
21 Hearing..
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4.

Nothing about this stipulation or about Plaintiff’s FAC shall be construed as

23 a waiver by either party of any other right, claim, or defense in this action.
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Joint Stipulation and [Proposed] Order Extending Time

Parrish v. Solis, et al., (C 11-1438 LHK)

Case5:11-cv-01438-LHK Document121 Filed01/21/14 Page3 of 3

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5.

This stipulation is without prejudice to the right of any party to seek a further

2 adjustment to any of the dates contained in this stipulation based on future developments.
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Dated: January 21, 2014

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___________/s/ James E. Lyons______________
James E. Lyons
[e-mail]
Tatyana Shmygol
[e-mail]
Attorneys for Plaintiff
Kaheal Parrish

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I, James E. Lyons, am the ECF User whose ID and password are being used to file this
10 Stipulation and [Proposed] Order Extending Time for Briefing on Motion to Dismiss. In
compliance with Civil Local Rule 5-1(i) I hereby attest that D. Robert Duncan has concurred in
11 this filing.
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Dated: January 21, 2014

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_______/s/ D. Robert Duncan____________
D. Robert Duncan
[e-mail]
Deputy Attorney General
Attorney for Defendants
Salazar, Sanudo, Powell, R. Machuca, A. Machuca and
Haldeman

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18 PURSUANT TO STIPULATION, IT IS SO ORDERED.
19 Dated: _______________, 2014
1/22/2014
By:

20

Hon. Lucy M. Koh
U.S. DISTRICT COURT JUDGE

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Joint Stipulation and [Proposed] Order Extending Time
456224-PALSR01A - MSW

Parrish v. Solis, et al., (C 11-1438 LHK)