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Timothy Gardner v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 2, 2012

TIMOTHY GARDNER,
PLAINTIFF,
v.
CITY OF BERKELEY,
DEFENDANT

The opinion of the court was delivered by: Edward M. Chen United States District Judge

Kacey Gardner (SBN 168299) LAW OFFICES OF KACEY GARDNER kaceygardner@comcast.net 7 Fourth Street, Suite 7 Petaluma, CA 94952 Tel: (760) 453-2189 Fax: (760) 453-2194 Lawrence D. Murray (SBN 77536) Robert Strickland (SBN 243757) MURRAY & ASSOCIATES daydrmn@aol.com 1781 Union Street San Francisco, CA 94123 Tel: (415) 673-0555 Fax: (415) 928-4084 ATTORNEYS FOR PLAINTIFF TIMOTHY GARDNER ZACH COWAN, City Attorney (SBN 96372) SARAH REYNOSO, Assistant City Attorney (SBN 120277) MARK J. ZEMBSCH, Deputy City Attorney (SBN 127901) MZembsch@ci.berkeley.ca.us 2180 Milvia Street, Fourth Floor Berkeley, CA 94704 Tel.: (510) 981-6998 Fax: (510) 981-6960 ATTORNEYS FOR DEFENDANT CITY OF BERKELEY

NOTICE OF SETTLEMENT AND REQUEST TO VACATE TRIAL AND TRIAL-RELATED DEADLINES ;

ORDER VACATING DATES AND SETTING CMC PLEASE TAKE NOTICE that the parties have settled the above-captioned matter and hereby request to vacate the trial date of February 21, 2012 and all trial-related deadlines, including the February 10, 2012 Pre-Trial Conference.

Per the terms on the Settlement Agreement, the parties anticipate filing a Stipulation for Dismissal in early March 2012.

Respectfully submitted, Dated: February 1, 2012 /s/ Kacey Gardner_______________________ Kacey Gardner 9 LAW OFFICES OF KACEY GARDNER Attorney for Plaintiff TIMOTHY GARDNER 10 11 Dated: February 1, 2012 /s/ Lawrence D. Murray___________________ 12 Lawrence D. Murray MURRAY & ASSOCIATES 13 Attorney for Plaintiff TIMOTHY GARDNER 14 15 16 Dated: February 1, 2012 /s/ _________________ Mark Zembsch Deputy City Attorney ZACH COWAN, City Attorney 17 SARAH REYNOSO, Assistant City Attorney MARK J. ZEMBSCH, Deputy City Attorney

IT IS SO ORDERED that the trial and trial related dates are hereby vacated. A further CMC is set for 4/6/12 at 10:30 a.m. An updated joint CMC statement shall be filed by 3/30/12. The 4/6/12 22

CMC will be vacated once a stipulation for dismissal is filed.

IT IS ORDERED

20120202

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