STIPULATION TO EXTEND TIME TO FILE OPPOSITIONS TO MOTIONS TO DISMISS AND TO CONTINUE HEARING; ORDER

MAXINE M. CHESNEY, District Judge.

The parties hereto, through their respective attorneys of record, hereby stipulate and agree, should the Court find it appropriate and convenient, as follows:

On January 22, 2016, Plaintiffs filed their Complaint in the above captioned action;

Pursuant to an agreed-upon extension of time, on April 7, 2016, Defendants County of Alameda, Nancy E. O'Malley, John Paul Williams, and Eddie Bermudez (the "County Defendants") filed a Motion to Dismiss Plaintiffs' Complaint and, in the alternative, Motion for a More Definite Statement; and on April 8, 2016, Defendant Cubangbang filed a Motion to Dismiss Plaintiffs' Complaint and, in the alternative, a Request to Stay the matter. Plaintiffs timely filed oppositions.

On May 20, 2016, the Court heard oral argument on Defendants' motions, and issued an order with various rulings, and granted Plaintiffs leave to file an amended complaint no later than June 24, 2016.

Plaintiffs timely filed the First Amended Complaint, requiring Defendants' to respond by July 8, 2016. That date was continued by stipulation and order to July 25, 2016. Defendants timely filed motions to dismiss and for other relief, with a hearing set for September 9, 2016.

The Initial Case Management Conference is scheduled for September 16, 2016, with the joint case management statement due on September 9, 2016.

Counsel for Plaintiffs have requested, and Counsel for Defendants have agreed, to a two-week continuance of all dates. The reason is that under the current schedule Plaintiffs' responses are due on August 8, 2016. John Burton, lead counsel for Plaintiff, has a pre-paid vacation out of state for July 30 through August 10.

A pre-trial diversion Order was entered in the underlying criminal proceedings related to this action, potentially impacting whether a brief stay may be appropriate in this action, which is set to expire at some time between August 31 and September 29, 2016. Accordingly, the continued dates for hearing on the motions and the Initial Case Management Conference will likely fall after the criminal case is terminated, mooting any abstention issues.

IT IS HEREBY STIPULATED AND AGREED, subject to court approval, by and between the undersigned counsel on behalf of the parties that:

1. Plaintiffs file and serve their oppositions to Defendants' pending motions to dismiss and for other relief no later than August 22, 2016, and Defendants file and serve their replies by August 29, 2016.

2. The hearing on Defendants' Motions (Docket Nos. 46, 47 and 48), be set for September 23, 2016, at 10:00 a.m.

3. The Initial Case Management Conference be set for October 7, 2016, with the joint case management statement due on September 30, 2016.

It is so stipulated and agreed.

ATTORNEY ATTESTATION

I attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/S/") within this E-filed document or have been authorized by counsel to show their signature on this document as /S/.

ORDER

GOOD CAUSE APPEARING THEREFORE, and the parties' having stipulated to the same, the parties' stipulation is hereby APPROVED.

1. Plaintiffs shall file and serve their oppositions to Defendants' pending motions to dismiss and for other relief no later than August 22, 2016, and Defendants shall file and serve their replies by August 29, 2016.

2. The hearing on Defendants' Motions (Docket Nos. 46, 47 and 48), shall on September 23, 2016, at 9:00 a.m.

3. The Initial Case Management Conference shall be held October 21, 2016, with the joint case management statement due on October 14, 2016.

IT IS SO ORDERED.