Carlton v. City of Cupertino

Filing 13

STIPULATION AND ORDER 12 to Extend Time to File Motion. Signed by Judge Ronald M. Whyte on 9/23/14. (jgS, COURT STAFF) (Filed on 9/23/2014)

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PAUL L. REIN, ESQ. (State Bar No. 43053)
CELIA MCGUINNESS, ESQ. (State Bar No. 159420)
CATHERINE CABALO, ESQ. (State Bar No. 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
KATHRYNE LYNNE CARTLON
* Defendant’s counsel listed after the caption

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KATHRYNE LYNNE CARLTON

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Plaintiff,

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Civil Rights
v.

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Case No. C14-03178 RMW

CITY OF CUPERTINO; DOES 1-10,
inclusive,
Defendants.

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STIPULATION AND
[] ORDER TO
EXTEND TIME UNDER F.R.C.P.
RULE 12(F)
Action Filed: July 14, 2014

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DANG & TRACHUK
THOMAS J. TRACHUK, ESQ. (State Bar No. 88194)
21 MICHAEL J. GREATHOUSE, ESQ. (State Bar No. 100811)
1939 Harrison Street, Suite 913
22 Oakland, CA 94612
Telephone: [phone]
23 Facsimile: 510/318-6339
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Attorneys for Defendant
CITY OF CUPERTINO

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//
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STIPULATION AND [] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. C14-3178 RMW
S:\CASES\CUPERTINO\PLEADINGS\STIPULATIONS\2014 08 21 Stipulation to Continue FRCP 12(f).docx

STIPULATION

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TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL

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PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

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WHEREAS, this case has been assigned for early disclosures and mediation
under General Order 56;
WHEREAS, plaintiff’s deadline for filing a motion under Federal Rule of

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Civil Procedure (“FRCP”) Rule 12(f) regarding defendant CITYOF CUPERTINO’s

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Answer is August 29, 2014;

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WHEREAS, plaintiff and defendant wish to avoid the time and expense of

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briefing an FRCP 12(f) motion until/unless mediation under General Order 56 does

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not succeed;

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IT IS HEREBY STIPULATED by and among plaintiff and defendant that the

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deadline for plaintiff to file any motion under FRCP 12(f) be extended to 21 days

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past the date the mediator certifies that mediation under General Order 56 has been

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completed. It is also stipulated that 1) the parties shall meet and confer within 7

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days after the mediation has been certified as completed; 2) that defendant shall

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thereafter be allowed an opportunity to voluntarily amend its answer prior to

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plaintiff filing any Rule 12(f) motion; and 3) that any amended answer shall be filed

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no later than 7 days after the parties meet and confer.

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IT IS SO STIPULATED.

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Dated: August 26, 2014

LAW OFFICES OF PAUL L. REIN

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/s/ Catherine Cabalo
By: CATHERINE CABALO, ESQ.
Attorneys for Plaintiff KATHRYNE LYNNE
CARLTON

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-2STIPULATION AND [] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. C14-3178 RMW
S:\CASES\CUPERTINO\PLEADINGS\STIPULATIONS\2014 08 21 Stipulation to Continue FRCP 12(f).docx

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Dated: August 25, 2014

DANG & TRACHUK

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/s/ Thomas J. Trachuk
By: THOMAS J. TRACHUK, ESQ.
Attorneys for Defendant CITY OF CUPERTINO

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-3STIPULATION AND [] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. C14-3178 RMW
S:\CASES\CUPERTINO\PLEADINGS\STIPULATIONS\2014 08 21 Stipulation to Continue FRCP 12(f).docx

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ORDER

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Pursuant to the stipulation of the parties, and for good cause shown, it is

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hereby ORDERED that the deadline for plaintiff to file any motion under Federal

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Rule of Civil Procedure 12(f) against defendant CITY OF CUPERTINO be

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extended to 21 days past the date the mediator certifies that mediation under General

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Order 56 has been completed. The parties shall meet and confer within 7 days after

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the mediation has been certified as completed. Defendant CITY OF CUPERTINO

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shall thereafter be allowed an opportunity to voluntarily amend its answer prior to

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plaintiff filing any FRCP 12(f) motion. Any amended answer shall be filed no later

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than 7 days after the parties meet and confer.

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IT IS SO ORDERED.

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Dated: __________, 2014

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__________________________________
Honorable Ronald M. Whyte
United States District Judge

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-4STIPULATION AND [] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. C14-3178 RMW
S:\CASES\CUPERTINO\PLEADINGS\STIPULATIONS\2014 08 21 Stipulation to Continue FRCP 12(f).docx