Joshua Claypole et al v. County of San Mateo et al

Filing 44

ORDER CONTINUING THE HEARING OF 33 DEFENDANTS CITY OF MONTEREY, CHIEF PHILIP PENKO, AND OFFICER BRENT HALL'S MOTION TO DISMISS COMPLAINT WITHOUT LEAVE TO AMEND UNTIL OCTOBER 2, 2014 (approving 43 ). Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freemon on 9/5/2014. (blflc1, COURT STAFF) (Filed on 9/5/2014)

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Dan Stormer, Esq. [S.B. # 101967]
Josh Piovia-Scott, Esq. [S.B. #222364]
Mohammad Tajsar, Esq. [S.B. #280152]
HADSELL STORMER RICHARDSON & RENICK LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Telephone: [phone]/Facsimile: [phone]
Email: [e-mail], [e-mail], and
[e-mail]
Lori Rifkin, Esq. [S.B. # 244081]
RIFKIN LAW OFFICE
P.O. Box 19169
Oakland, California 94619
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
[Additional Counsel on Next Page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Estate of JOSHUA CLAYPOLE,
Case No: CV 14-02730 BLF
deceased, by and through SILVIA
GUERSENZVAIG, as Administrator;
[Assigned to the Honorable Beth Labson
SILVIA GUERSENZVAIG,
Freeman - Courtroom 3]
Plaintiff,
vs.
COUNTY OF SAN MATEO;
SHERIFF GREG MUNKS, in his
individual and official capacity;
COUNTY OF MONTEREY;
SHERIFF SCOTT MILLER, in his
individual and official capacity;
SERGEANT E. KAYE, in his
individual and official capacity; CITY
OF MONTEREY; MONTEREY
POLICE DEPARTMENT CHIEF
PHILIP PENKO, in his individual and
official capacity; BRENT HALL, in his
individual and official capacity;
CALIFORNIA FORENSIC MEDICAL
GROUP; DR. TAYLOR FITHIAN, in
his individual and official capacity;
COMMUNITY HOSPITAL OF
MONTEREY PENINSULA; and
DOES 1 through 30,
Defendants.
[PROP] ORDER CONT MTD HEARING
DATE UNTIL OCT. 2, 2014

[PROPOSED] ORDER CONTINUING
THE HEARING OF DEFENDANTS
CITY OF MONTEREY, CHIEF
PHILIP PENKO, AND OFFICER
BRENT HALL’S MOTION TO
DISMISS COMPLAINT WITHOUT
LEAVE TO AMEND UNTIL
OCTOBER 2, 2014
MTD w/o Leave to Amend
Current Date:
Sept. 18, 2014
Current Time:
9:00 a.m.
Proposed New Date:
Time:

October 2, 2014
9:00 a.m.

Complaint Filed:
TRIAL DATE:

June 12, 2014
NONE SET

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Vincent P. Hurley #111215
Amanda Cohen #243946
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
38 Seascape Village
Aptos, California 95003
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
CITY OF MONTEREY, CHIEF PHILIP PENKO, AND OFFICER BRENT HALL

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[PROP] ORDER CONT MTD HEARING
DATE UNTIL OCT. 2, 2014

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The parties have submitted a joint stipulation, through their respective

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counsel, requesting that Defendants City of Monterey, Chief Philip Penko, and

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Officer Brent Hall’s Motion to Dismiss Complaint without Leave to Amend,

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previously set to be heard by this court on September 18, 2014 at 9:00 a.m. be

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continued to October 2, 2014 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing of

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Defendants City of Monterey, Chief Philip Penko, and Officer Brent Hall’s Motion

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to Dismiss Complaint without Leave to Amend be continued to October 2, 2014 at

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9:00 a.m.

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Dated:
Honorable Beth Labson Freeman
United States District Judge

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[PROP] ORDER CONT MTD HEARING
DATE UNTIL OCT. 2, 2014

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