IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
December 14, 2011
CARLOS A. HAWTHORNE, PLAINTIFF,
R. AYERS, JR., ET AL., DEFENDANTS.
The opinion of the court was delivered by: The Honorable William H. Alsup United States District Court Judge
KAMALA D. HARRIS Attorney General of California 2 THOMAS S. PATTERSON Supervising Deputy Attorney General 3 MICHAEL J. QUINN Deputy Attorney General 4 State Bar No. 209542 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 703-5726 6 Fax: (415) 703-5843 E-mail: Michael.Quinn@doj.ca.gov 7 Attorneys for Defendants Cota, Lee, Robinson, Cruz, Pickett, Holt, and Fox 8
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS UNDER RULE 12(b)(6) for December 15, 2011, be extended to January 12, 2012 in order to provide the parties with 3 additional time to finalize the settlement agreement and file a dismissal in the case. 4
The following stipulation requests that the hearing on Defendants' motion to dismiss, set
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Carlos Hawthorne and Defendants Cota, Lee, Robinson, Cruz, Pickett, Holt, and Fox, by and through their respective counsel, 7 stipulate and request as follows: 8 9 settlement conference before Magistrate Judge Cousins; 10 11 dismiss to December 15, 2011 to allow time for the dismissal to be filed; 12 13 additional time to have the terms of the agreement further reviewed by both Plaintiff Hawthorne 14 and Defendants, and to file the dismissal; 15 16 extension of the deadline is desirable because it will enable them to prepare the settlement 17 agreement and related documents; 18 19 include: (a) Defendants' motion to change time to file a dispositive motion, which was granted by 20 this Court on November 2, 2009 (Docket No. 48), and (b) Plaintiff's motion for an extension of 21 time to file a second amended complaint, which was granted by this Court on October 29, 2010 22 6. With respect to Civil L.R. 6-2(a)(3), a continuance of the hearing to January 12, 2012 24 will not delay other deadlines in the case, since the matter has settled. 25 26 27 continue the hearing on Defendants' motion to dismiss to January 12, 2012. 28
1. The parties reached an agreement to settle the case during a November 30, 2011
2. This Court continued the December 1, 2011 hearing on Defendants' motion to
3. The parties are in the process of drafting the settlement agreement, but require
4. With respect to Civil L.R. 6-2(a)(1), the parties have conferred and agree that
5. With respect to Civil L.R. 6-2(a)(2), the previous time modifications in this action
(Docket No. 66). 23
THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUESTE that the Court
By his signature below, and pursuant to General Order 45, counsel for Defendants attests that counsel for all parties whose electronic signatures appear below have concurred in the filing 2 of this Stipulation. 3
ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
William Alsup UNITED STATES DISTRICT JUDGE
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