Free Stipulation - District Court of California - California

Case 3:07-cv-03758-SC

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GORDON P. ERSPAMER (CA SBN 83364) [email protected] MORRISON & FOERSTER LLP 101 Ygnacio Valley Road, Suite 450 P.O. Box 8130 Walnut Creek, California 94596-8130 Telephone: 925.295.3300 Facsimile: 925.946.9912 SIDNEY M. WOLINSKY (CA SBN 33716) [email protected] JENNIFER WEISER BEZOZA (CA SBN 247548) [email protected] KATRINA KASEY CORBIT (CA SBN 237931) [email protected] DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, California 94704-1204 Telephone: 510.665.8644 Facsimile: 510.665.8511 [see next page for additional counsel for Plaintiffs]

12 13 14 15 16 17 18 19 Plaintiffs, 20 v. 21 22 23 24 25 26 27 28
Case No. C-07-3758-SC STIPULATED REQUEST TO EXTEND TIME sf-2460591
FOR OPPOSITION TO MOTION TO DISMISS GREENE AND MUKASEY

Attorneys for Plaintiffs VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC., Case No. C-07-3758-SC

CLASS ACTION STIPULATED REQUEST TO EXTEND TIME FOR OPPOSITION TO DEFENDANTS' MOTION TO DISMISS CLAIMS AGAINST DEFENDANTS WILLIAM P. GREENE, JR. AND MICHAEL B. MUKASEY Complaint Filed July 23, 2007

JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, et al., Defendants.

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ADDITIONAL COUNSEL FOR PLAINTIFFS: ARTURO J. GONZALEZ (CA SBN 121490) [email protected] HEATHER A. MOSER (CA SBN 212686) [email protected] STACEY M. SPRENKEL (CA SBN 241689) [email protected] PAUL J. TAIRA (CA SBN 244427) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 BILL D. JANICKI (CA SBN 215960) [email protected] MORRISON & FOERSTER LLP 400 Capitol Mall, Suite 2600 Sacramento, California 95814 Telephone: 916.448.3200 Facsimile: 916.448.3222

Case No. C-07-3758-SC STIPULATED REQUEST TO EXTEND TIME sf-2460591

FOR OPPOSITION TO MOTION TO DISMISS GREENE AND MUKASEY

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WHEREAS on January 18, 2008, Defendants filed a Motion to Dismiss Claims Against Defendants William P. Greene, Jr. and Michael B. Mukasey; WHEREAS the date for Plaintiffs' response to the Motion to Dismiss is February 1, 2008; WHEREAS Plaintiffs anticipate that they will require one extra week to file their memorandum in opposition to the Motion to Dismiss as a result the recent health issues experienced by the attorney primarily responsible for drafting the opposition, Heather Moser, in addition to the numerous other filings due during the same time period; WHEREAS Plaintiffs are evaluating whether they wish to pursue these claims and require an additional week in which to do so; WHEREAS Defendants anticipate that they will require a week to file their reply brief in support of the Motion to Dismiss, as allowed under the Civil Local Rules for the Northern District of California; and WHEREAS the parties have agreed to a mutual extension of time for the opposition to the Motion to Dismiss and the reply in support of the Motion to Dismiss; IT IS HEREBY STIPULATED by and between the parties to this action, through their counsel of record, as follows: 1. Plaintiffs' memorandum in opposition to Defendants' Motion to Dismiss Claims

Against Defendants William P. Greene, Jr. and Michael B. Mukasey shall be due on February 8, 2008. 2. Defendants' reply memorandum of points and authorities in support of the motion for

a protective order to stay discovery shall be due on February 15, 2008. 3. The hearing date will be moved to February 29, 2008, the same date currently set for

the hearing on Defendants' Motion for Protective Order to Stay Discovery from the U.S. Court of Appeals for Veterans Claims.

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FOR OPPOSITION TO MOTION TO DISMISS GREENE AND MUKASEY

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Dated: January 31, 2008

GORDON P. ERSPAMER ARTURO J. GONZALEZ HEATHER A. MOSER BILL D. JANICKI STACEY M. SPRENKEL PAUL J. TAIRA MORRISON & FOERSTER LLP

By:

/s/ Heather A. Moser Heather A. Moser

Attorneys for Plaintiffs Dated: January 31, 2008 PETER D. KEISLER SCOTT N. SCHOOLS RICHARD LEPLEY DANIEL BENSING STEVEN Y. BRESSLER KYLE R. FREENY UNITED STATES DEPARTMENT OF JUSTICE

By:

/s/ Daniel Bensing Daniel Bensing Attorneys for Defendants

I, Heather A. Moser, am the ECF User whose ID and password are being used to file this Stipulated Request to Extend Time for Opposition to Motion for Protective Order to Stay Discovery and Reply Memorandum in Support of Motion for Protective Order to Stay Discovery. In compliance with General Order 45, X.B., I hereby attest that Daniel Bensing has concurred in this filing. Dated: January 31, 2008 MORRISON & FOERSTER LLP

By:

/s/ Heather A. Moser Heather A. Moser

Attorneys for Plaintiffs

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FOR OPPOSITION TO MOTION TO DISMISS GREENE AND MUKASEY

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Case No. C-07-3758-SC STIPULATED REQUEST TO EXTEND TIME sf-2460591
FOR OPPOSITION TO MOTION TO DISMISS GREENE AND MUKASEY

PURSUANT TO STIPULATION, IT IS SO ORDERED.

THE HONORABLE SAMUEL CONTI UNITED STATES DISTRICT COURT JUDGE

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