STIPULATION TO WITHDRAW STIPULATED REQUEST TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER

WILLIAM B. SHUBB, District Judge.

STIPULATION

The parties to this action, Plaintiff JUAN ESPINOZA and Defendants CITY OF TRACY and R. LEON CHURCHILL, through their respective counsel, stipulate as follows:

Whereas the parties met and conferred beginning January 27, 2017, at the request of Plaintiff's counsel, who had a calendar conflict with this hearing set for February 6, 2017;

Whereas counsel for all parties agreed the hearing on the Motion to Dismiss would be continued to either February 21, 2017, or March 6, 2017;

Whereas a stipulation and order for continuance was filed the morning of January 30, 2017 [Docket Number 39];

Whereas the need of Plaintiff's counsel for the continuance no longer exists as of 1:00 p.m., on January 30, 2017; and,

Whereas, the parties through counsel wish to withdraw the stipulation [Docket Number 39] and to proceed to hearing on February 6, 2017, as originally noticed.

NOW THEREFORE the parties stipulate as follows:

The parties jointly request that the stipulation to continue the hearing [Docket Number 39] be withdrawn and no action be taken upon said stipulation by the Court other than its withdrawal.

IT IS SO STIPULATED.

ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN,

The Court hereby orders that the subject stipulation [Docket Number 39] is hereby deemed withdrawn, and this matter shall proceed to hearing on February 6, 2017, as originally noticed.

IT IS SO ORDERED.