UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 15, 2011
CITY OF BERKELEY; OFFICER RODERICK ROE # 81 IN HIS CAPACITY AS AN INDIVIDUAL;
OFFICER JOHN JONES # 5 IN HIS CAPACITY AS AN INDIVIDUAL; FORMER CHIEF OF POLICE
DOUGLAS N. HAMBLETON IN HIS OFFICIAL CAPACITY AND IN HIS CAPACITY AS AN INDIVIDUAL; BERKELEY BOWL PRODUCE, INC.; TOSHA ANDERSON IN HER CAPACITY AS AN INDIVIDUAL; DAVID CRAIB IN HIS CAPACITY AS AN INDIVIDUAL; AND DOES 1-100, DEFENDANTS.
The opinion of the court was delivered by: Claudia Wilken United States District Judge
STIPULATED REQUEST AND ORDER TO VACATE DATE OF RULE 12 MOTION HEARING PENDING DISMISSAL OF THE ACTION
The parties to the above action having reached a settlement agreement (contingent on approval by the Berkeley City Council with respect to Defendants CITY OF BERKELEY, FORMER OFFICER RODERICK ROE, OFICER JOHN JONES, and FORMER CHIEF DOUGLAS N. HAMBLETON only), Defendants BERKELEY BOWL PRODUCE, INC., TOSHA 3 ANDERSON, and DAVID CRAIB, together with Plaintiff JOSE BERMUDEZ, by joint stipulation, 4 hereby ask the Court to ORDER that the date of the hearing on Defendants' Motion to Dismiss (Rule 12(b)(6)) or for Judgment on the Pleadings (Rule 12(c)) Regarding Plaintiff's 13th, 14th, 6 15th, 16th, and 19th Causes of Action (docket # 51), currently set for Thursday, April 7 at 2:00 7 pm, be VACATED; and that the said hearing be indefinitely CONTINUED pending dismissal of 8 the action.
IT IS SO STIPULATED.
LAW OFFICES OF C. MORRAY-JONES By: s/C.R.A Morray-Jones Christopher R.A. Morray-Jones Attorney for Plaintiff Jose Bermudez Dated: 3/15/2011 MURO & LAMPE, INC. By: s/Ross E. Lampe Ross E. Lampe Attorney for Defendants Berkeley Bowl Produce, Inc., Tosha Anderson, and David Craib PURSUANT TO STIPULATION, IT IS SO ORDERED, except that the motions are denied without prejudice to re-noticing promptly if the settlement is not completed.
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