UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN JOSE DIVISION
October 22, 2009
ERIKA CANAS, JOSE CANAS, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, AND JESUS CANAS, BY AND THROUGH HIS GUARDIAN AD LITEM, PLAINTIFFS,
CITY OF SUNNYVALE, CHRIS SEARLE, DARREN PANG AND DOES ONE THROUGH TWENTY-FIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Jeremy Fogel United States District Court Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE
IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned attorneys of record, that defendants' Motion to Dismiss plaintiff's Third Amended Complaint be continued to 60 days after the further Early Neutral Evaluation (hereinafter "ENE"), which has been scheduled for November 20. In addition the parties wish to move the next Case Management Conference to a date 60 days after the further ENE. The parties have agreed upon a proposed protective order to be submitted to the court. Discovery will proceed once the proposed protective order has been entered by the court. The parties felt that discovery was needed to conduct a meaningful ENE, therefore a further ENE was scheduled. As the ENE may dispose of the case, we hereby respectfully request that the court continue the defendants' Motion to Dismiss plaintiff's Third Amended Complaint and the Case Management Conference to a date 60 days after the ENE scheduled for November 20 and propose the date of January 15, 2010 at 9am for both the Motion to Dismiss and further CMC.
Dated: October 9, 2009
BERTRAND, FOX & ELLIOT Gregory M. Fox Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG
ROBERTS & ELLIOT LLP James Roberts, Esq. Sharmi Shah, Esq. Attorneys for Plaintiffs ERIKA CANAS, JOSE CANAS, and JESUS CANAS
Good cause appearing,
THE STIPULATION IS SO ORDERED.
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.
Dated: October 13, 2009
Gregory M. Fox
© 1992-2009 VersusLaw Inc.