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Larsen v. County of San Benito

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 14, 2010

ANN MARIE LARSEN, PLAINTIFF,
v.
COUNTY OF SAN BENITO, AS A MUNICIPAL CORPORATION; SHERIFF CURTIS J. HILL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY FOR THE COUNTY OF SAN BENITO; SHERIFF K. BOWEN (#139), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY FOR THE COUNTY OF SAN BENITO; DEPUTY SHERIFF I. PEREZ (#142), INDIVIDUALLY AND IN HER OFFICIAL CAPACITY FOR THE COUNTY OF SAN BENITO; DETECTIVE V. CASADA (#1D12); ) INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY FOR THE COUNTY OF SAN BENITO; AND DOES 1-10. DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeremy Fogel, Judge United States District Court Northern District OF California

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEPUTY MOTION TO REMAND [N.D. CIVIL LOCAL RULE 16-2(e)].

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES through their counsel of record as follows:

WHEREAS, plaintiff Ann Marie Larsen filed Declination to Proceed Before U.S. Magistrate Judge on April 27, 2010 (E-Pacer Docket Entry 8);

WHEREAS, the parties received Clerk's Notice of Impending Reassignment to U.S. District Judge which adjusted Case Management Conference date and other operative dates by three (3) days on April 27, 2010 (E-Pacer Docket Entry 9);

WHEREAS, plaintiff Ann Marie Larsen filed Notice and Motion to Remand on April 27, 2010 (E-Pacer Docket Entries 10, 11);

WHEREAS, the parties received Reassignment Order on April 28, 2010 which stated -- All matters presently scheduled for hearing are vacated and should be renoticed for hearing before the judge to whom the case has been reassigned (E-Pacer Docket Entry 14);

WHEREAS, the chronological sequence and substance of the Reassignment Order led both parties to determine that all dates, including the Case Management Hearing and Rule 26 statement/disclosures had been vacated pursuant to the Reassignment Order;

WHEREAS, the parties perceive that the Court will be in a better position to address case management issues after resolution of plaintiff Ann Marie Larsen's Motion to Remand;

THEREFORE, the parties have stipulated and agreed to the following modifications and seek this Court's approval of the same:

1. The current deadline for the parties Joint Case Management Conference Statement as well as the Case Management Hearing are vacated;

2. All other deadline set by the Court are currently vacated pending resolution of plaintiff's Motion to Remand.

ORDER

So Ordered.

20100514

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