Free Stipulation - District Court of California - California

Case 4:07-cv-04894-SBA

Document 62

Filed 07/09/2008

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7264 Facsimile: (415) 436-6748 Email: [email protected] Attorneys for Federal Defendants

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A limited liability partnership formed in the State of Delaware

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs, vs. SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. Trial Date: March 23, 2008 No.: C-07-04894 SBA STIPULATION AND [PROPOSED] ORDER RESCHEDULINGING MOTIONS FOR SUMMARY JUDGMENT, MODIFYING BRIEFING SCHEDULE AND IMPLEMENTING PARTIAL STAY ON DISCOVERY

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REED SMITH LLP

Hon. Saundra Brown Armstrong STIPULATION

21 22 23 24 WHEREAS, the Motions for Summary Judgment both were properly scheduled to be heard 25 26 27 28 WHEREAS, on June 27, 2008, Defendant Accornero filed a Joinder to John Silva's Motion for Summary Judgment and to portions of Seth McMullen's Motion for Summary Judgment; and ­1­
STIPULATION AND PROPOSED ORDER RE HEARING, BRIEFING and DISCOVERY
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WHEREAS, on June 24, 2008, Federal Defendants Seth McMullen and John Silva filed Motions for Summary Judgment in this action; and

on this Court's July 29, 2008, calendar; and

Case 4:07-cv-04894-SBA

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A limited liability partnership formed in the State of Delaware

WHEREAS, the Local Rules of this Court require that Plaintiffs file a response to the motions on or before July 8, 2008; and WHEREAS, Plaintiffs have requested and defendants have agreed to permit the parties additional time to brief the motions; IT IS THEREFORE STIPULATED between Plaintiffs and Defendants John Silva, Paul Accornero and Seth McMullen, by and through their undersigned attorneys of record, for the convenience of the parties and the Court as follows: The parties do hereby stipulate and agree that the pending motions for summary judgment shall be heard on the Court's September 16, 2008, calendar; Plaintiffs' papers in opposition to the motions shall be filed on or before August 5, 2008; Defendants' papers in reply shall be filed on or before September 2, 2008; Defendants shall respond to Plaintiffs' discovery served on or before June 27, 2008; however, Plaintiffs will not serve further discovery on Seth McMullen or John Silva that requires a response before ten (10) calendar days after the hearing on the motions, nor will plaintiffs serve additional discovery on third parties, including defendants' employers, that reasonably would require defendants to participate in responses to such discovery prior to ten (10) calendar days after the /// /// /// /// /// /// /// /// /// /// /// ­2­
STIPULATION AND PROPOSED ORDER RE HEARING, BRIEFING and DISCOVERY

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REED SMITH LLP

DOCSSFO-12505940.1

Case 4:07-cv-04894-SBA

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hearing on the motions. SO STIPULATED: DATED: July 9, 2008 REED SMITH LLP By /s/ James E. Heffner Attorneys for Plaintiffs ROBERT CARL PATRICK KEANE and CHIEKO STRANGE

DATED: July 9, 2008

MEYERS, NAVE, RIBACK, SILVER & WILSON LLP

By

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/s/ Tricia L. Hynes Attorneys for Defendants PAUL ACCORNERO and JOHN SILVA

REED SMITH LLP

JOSEPH P. RUSSONIELLO, United States Attorney

/s/ ABRAHAM A. SIMMONS Assistant United States Attorney United States Department of Justice Attorneys for Defendant Seth McMullen

[PROPOSED] ORDER Based upon the stipulation of the parties, and for good cause shown, the Court orders as follows: The stipulation is APPROVED. The pending motions for summary judgment shall be heard on the Court's September 16, 2008, calendar. Plaintiffs' papers in opposition to the motions shall be filed on or before August 5, 2008 and Defendants' papers in reply shall be filed on or before September 2, 2008. Defendants shall respond to Plaintiffs' discovery served on or before June 27, 2008, however, Plaintiffs will not serve further discovery on Seth McMullen or John Silva that requires a response before ten (10) calendar days after the hearing on the motions, nor will plaintiffs serve additional discovery on third parties, including defendants' employers, that would be due prior to ten (10) calendar days after the hearing on the motions and which reasonably would require defendants ­3­
STIPULATION AND PROPOSED ORDER RE HEARING, BRIEFING and DISCOVERY
DOCSSFO-12505940.1

Case 4:07-cv-04894-SBA

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McMullen or Silva to participate in responses to such discovery. PURSUANT TO STIPULATION IT IS SO ORDERED:

_________________________ Date

__________________________________________ Hon. Saundra Brown Armstrong United States District Court Judge

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STIPULATION AND PROPOSED ORDER RE HEARING, BRIEFING and DISCOVERY
DOCSSFO-12505940.1

REED SMITH LLP