Perez
v.
Fremont Police Dep't

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASep 27, 2011
Case No. CV11-04198 EMC (N.D. Cal. Sep. 27, 2011)

Case No. CV11-04198 EMC

09-27-2011

MIRAMAR PEREZ, individually and as Guardian Ad Litem; ARACELI MOSSO; JOAN MOSSO; JOCELYN MOSSO, minor children, Plaintiffs v. FREMONT POLICE DEPARTMENT; CITY OF FREMONT; JEFFERY LAWRENCE; TIMOTHY FERRARA; JOHN KENNEDY; and DOES ONE through TWENTY, inclusive, Defendants

Law Offices of Edwin Bradley Edwin Bradley, Attorney for Plaintiffs BERTRAND, FOX & ELLIOT Gregory M. Fox Attorneys for Defendants FREMONT POLICE DEPARTMENT, CITY OF FREMONT, JEFFERY LAWRENCE, TIMOTHY FERRARA and JOHN KENNEDY


Gregory M. Fox, State Bar No. 070876


BERTRAM), FOX & ELLIOT


The Waterfront Building


2749 Hyde Street


San Francisco, California 94109


Telephone: (415) 353-0999


Facsimile: (415) 353-0990


Harvey E. Levine, Esq., State Bar No. 61880


City Attorney City of Fremont


3300 Capitol Avenue


PO Box 5006


Fremont, CA 94537-5006


Telephone: (510) 284-4030


Facsimile: (610) 284-4031


Attorneys for Defendants


FREMONT POLICE DEPARTMENT, CITY OF FREMONT,


JEFFERY LAWRENCE, TIMOTHY FERRARA and JOHN KENNEDY


STIPULATION AND [PROPOSED] ORDER


CONTINUING HEARING DATE FOR


DEFENDANTS RULE 12(B) (6) MOTION TO


DISMISS PLAINTIFF'S FIRST AMENDED


COMPLAINT AND PLAINTIFFS' MOTION TO


REMAND


The Court, through its notice of September 26, 2011 [DKT #14] continued Defendants' Motion to Dismiss from October 7, 2011 to the date plaintiffs had set for their Motion to Remand, October 28, 2011. Gregory Fox, counsel for the defense, is scheduled for a plaintiff's deposition on this same date, October 28, 2011, in a State Superior Court action (Anderson v City of Brentwood et al, Contra Costa County Superior Court No. MSC10-03672) . The plaintiff in Anderson is incarcerated in the California Correctional Center located in Susanville, California. That matter involves several parties and it has been difficult to agree upon a date on which all parties could attend the deposition in the state prison and with sufficient notice to allow Department of Corrections approval and coordination.

The parties therefore, acting by and through their respective legal counsel, herein stipulate for an Order continuing the hearing date for defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and plaintiff's Motion to Remand from Friday, 1:30 p.m., October 28, 2011 to Friday, 1:30 p.m. November 4, 2011 The filing of the City's opposition brief to the Motion to Remand is continued to October 14, 2011; the filing of the reply brief supporting the Motion to Remand is continued to Friday, October 21, 2011.

So Stipulated:

Law Offices of Edwin Bradley

By: Edwin Bradley, Attorney for Plaintiffs

BERTRAND, FOX & ELLIOT

By: Gregory M. Fox


Attorneys for Defendants


FREMONT POLICE DEPARTMENT, CITY OF


FREMONT, JEFFERY LAWRENCE, TIMOTHY


FERRARA and JOHN KENNEDY


ATTORNEY ATTESTATION

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this E-filed document and/or have been authorized by Mr. Bradley to execute his signature by a "conformed" signature (/s/) within this E-Filed Document.

Gregory M. Fox

ORDER

Good cause appearing, the stipulation is so ordered. The hearing dates for the Motion to Dismiss and Motion to Remand are continued to 1:30 pm on Friday, November 4, 2011.

Judge Edward M. Chen