Serrato et al v. Monterey County et al

Filing 31

STIPULATION AND ORDER #28 Setting Briefing and Hearing Schedule for Plaintiff's Motion for partial Summary Judgment. Set/Reset Deadlines as to #23 MOTION for Partial Summary Judgment . Motion Hearing set for 2/22/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 1/29/13. (jg, COURT STAFF) (Filed on 1/29/2013)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GINA ALTOMARE (State Bar No. 273099)
HADDAD & SHERWIN
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs ROGELIO SERRATO,
JULIAN SERRATO AND ISRAEL SERRATO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROGELIO SERRATO, DECEASED, THROUGH
HIS SUCCESSORS IN INTEREST, JULIAN
SERRATO and ISRAEL SERRATO, minors, by
and through their grandmother and Next Friend,
LISA MAGDALENO; and JULIAN SERRATO
AND ISRAEL SERRATO, by and through their
Next Friend, LISA MAGDALENO, individually.

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Plaintiffs,
vs.
MONTEREY COUNTY, a public entity, SHERIFF
SCOTT MILLER, individually and in his official
capacity; CAPTAIN CHARLES MONARQUE,
individually and in his official capacity;
COMMANDER KEVIN OAKLEY, individually;
SERGEANT GARRETT SANDERS, individually;
SERGEANT JOSEPH BANUELOS, individually;
SERGEANT RANDY RAGSAC, individually;
DETECTIVE AL MARTINEZ, individually;
DEPUTY MARK SIEVERS, individually, and
DOES 1-10, individually, jointly and severally.
Defendants.
_________________________________________/
Related with:
RITA SERRATO, et al.,
vs.
MONTEREY COUNTY, et al.
(No. C-11-4106 RMW)

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No: C11-03642 RMW (PSGx)
Hon. Ronald M. Whyte

STIPULATION AND
() ORDER
SETTING BRIEFING AND
HEARING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR
PARTIAL SUMMARY
JUDGMENT

No: C11-03642 RMW: STIPULATION AND () ORDER SETTING BRIEFING AND HEARING SCHEDULE
FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

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All parties, by and through their attorneys, hereby stipulate to and request that the Court

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continue the hearing on Plaintiffs’ Motion for Partial Summary Judgment for one week, from

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February 15, 2013 to February 22, 2013, due to the fact that Michael Haddad and Julia Sherwin,

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lead counsel for Rogelio Serrato, Deceased, Julian Serrato, and Israel Serrato, will be out of state on

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the date currently set for hearing.
Further, at Defendants’ request, all parties hereby stipulate to extend the briefing deadlines

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on Plaintiffs’ Motion for Partial Summary Judgment by one week, consistent with the requested

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February 22 hearing date, so that Defendants’ response in opposition to Plaintiffs’ motion will be

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due on February 1, 2013, and Plaintiff’s reply brief will be due on February 8, 2013.
Dated: January 22, 2013

HADDAD & SHERWIN

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/s/ Gina Altomare

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GINA ALTOMARE
Attorneys for Plaintiffs JULIAN SERRATO and
ISRAEL SERRATO through their Next Friend,
LISA MAGDALENO

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Dated: January 22, 2013

THE LAW OFFICES OF JOHN L. BURRIS

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/s/ Benjamin Nisenbaum*

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BENJAMIN NISENBAUM
Attorneys for Plaintiffs I.S. and D.B. through
their Guardian Ad Litem EVELYN BELTRAN

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Dated: January 22, 2013

FERGUSON, PRAET & SHERMAN
/s/ Bruce D. Praet*
BRUCE D. PRAET
Attorneys for Defendants

* Mr. Nisenbaum and Mr. Praet provided their consent that this document be electronically filed.

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No: C11-03642 RMW: STIPULATION AND () ORDER SETTING BRIEFING AND HEARING SCHEDULE
FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

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() ORDER

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Pursuant to the stipulation of all parties to this action, this Court hereby continues the
hearing on Plaintiffs’ Motion for Partial Summary Judgment to February 22, 2013, at 9:00 a.m.
Further, this Court hereby adopts the above-stipulated briefing deadlines. Defendants’ response in

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opposition to Plaintiffs’ motion shall be filed no later than February 1, 2013, and Plaintiff’s reply
brief shall be filed no later than February 8, 2013.

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IT IS SO ORDERED.

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____________
DATED

_________________________________
UNITED STATES DISTRICT JUDGE
RONALD M. WHYTE

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No: C11-03642 RMW: STIPULATION AND ( ORDER SETTING BRIEFING AND HEARING SCHEDULE
FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

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