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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1 2 3 4 5 6 7 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: (510) 452-5500 Facsimile: (510) 452-5510 Attorneys for Plaintiffs ROGELIO SERRATO, JULIAN SERRATO AND ISRAEL SERRATO 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 1 1 All parties, by and through their attorneys, hereby stipulate to and request that the Court 2 continue the hearing on Plaintiffs’ Motion for Partial Summary Judgment for one week, from 3 February 15, 2013 to February 22, 2013, due to the fact that Michael Haddad and Julia Sherwin, 4 lead counsel for Rogelio Serrato, Deceased, Julian Serrato, and Israel Serrato, will be out of state on 5 6 7 the date currently set for hearing. Further, at Defendants’ request, all parties hereby stipulate to extend the briefing deadlines 8 on Plaintiffs’ Motion for Partial Summary Judgment by one week, consistent with the requested 9 February 22 hearing date, so that Defendants’ response in opposition to Plaintiffs’ motion will be 10 11 due on February 1, 2013, and Plaintiff’s reply brief will be due on February 8, 2013. Dated: January 22, 2013 HADDAD & SHERWIN 12 13 /s/ Gina Altomare 14 GINA ALTOMARE Attorneys for Plaintiffs JULIAN SERRATO and ISRAEL SERRATO through their Next Friend, LISA MAGDALENO 15 16 17 Dated: January 22, 2013 THE LAW OFFICES OF JOHN L. BURRIS 18 19 /s/ Benjamin Nisenbaum* 20 BENJAMIN NISENBAUM Attorneys for Plaintiffs I.S. and D.B. through their Guardian Ad Litem EVELYN BELTRAN 21 22 23 24 25 26 27 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. 28 No: C11-03642 RMW: STIPULATION AND () ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT 2 () ORDER 1 2 3 4 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 5 6 7 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. 8 9 IT IS SO ORDERED. 10 11 12 13 14 ____________ DATED _________________________________ UNITED STATES DISTRICT JUDGE RONALD M. WHYTE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No: C11-03642 RMW: STIPULATION AND ( ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT 3

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