Del Real, LLC v. Harris et al

Filing 36

STIPULATION AND BRIEFING SCHEDULE signed by District Judge Lawrence J. O'Neill on April 3, 2013. Motion Hearing currently set for 4/17/2013 is VACATED. (Munoz, I)

1 2 3 4 5 6 7 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California MARK R. BECKINGTON, State Bar No. 126009 Supervising Deputy Attorney General SUSAN K. SMITH, State Bar No. 231575 Deputy Attorney General 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2105 Fax: (213) 897-1071 E-mail: Susan.Smith@doj.ca.gov Attorneys for Defendant Attorney General Kamala D. Harris 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 DEL REAL, LLC, a California limited liability company, 14 15 Plaintiff, v. 16 17 18 1:12-CV-01669-LJO-GSA KAMALA D. HARRIS, in her official capacity as Attorney General of California, EDMUND G. BROWN, in his official capacity as Governor of California, and the STATE OF CALIFORNIA, STIPULATION AND BRIEFING SCHEDULE FOR PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT AND PROPOSED ORDER Judge: The Hon. Lawrence J. O’Neill Courtroom: 4: Defendants. Action Filed: October 11, 2012 19 20 21 22 Plaintiff Del Real, LLC and Defendant Attorney General Kamala D. Harris (“Defendants,” 23 and together with Plaintiff, the “Parties”), by and through their respective counsel, hereby 24 stipulate and agree as follows: 25 26 27 28 WHEREAS, on October 11, 2012, Plaintiff filed its Complaint for Declaratory and Injunctive Relief; WHEREAS, on March 20, 2013, Plaintiff filed its Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities (ECF Document # 26); 1 STIPULATION AND BRIEFING SCHEDULE FOR PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT AND PROPOSED ORDER 1 2 3 WHEREAS, the original hearing date for hearing the Plaintiff’s Motion for Summary Judgment was April 17, 2013; WHEREAS, the Court issued a minute order on March 29, 2013 ordering the Parties to 4 consolidate their briefing schedule if the Defendant planned to file a cross-motion for summary 5 judgment (ECF Document # 33); 6 7 WHEREAS, Defendant has orally requested and Plaintiff has agreed to provide one deposition prior to Defendant filing a cross-motion for summary judgment; 8 WHEREAS, Defendant does plan on filing a cross-motion for summary judgment; 9 THEREFORE, in consideration of the foregoing, it is hereby stipulated that the following 10 11 12 13 14 15 16 briefing schedule will be used: Defendant’s Cross-motion for Summary Judgment and Opposition to Plaintiff’s Motion for Summary Judgment will be filed June 7, 2013; Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment will be filed June 28, 2013; Defendant’s Reply in Support of Defendant’s Motion for Summary Judgment will be filed July 12, 2013. 17 ORDER 18 This Court ADOPTS the parties’ briefing schedule. This Court’s practice is to consider 19 matters on the record without a hearing. As such, this Court VACATES the original April 17, 20 2013 hearing and will set a hearing only if it deems necessary. 21 22 23 24 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 3, 2013 UNITED STATES DISTRICT JUDGE 25 26 DEAC_Signature-END: 66h44d 27 28 2 STIPULATION AND BRIEFING SCHEDULE FOR PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT AND PROPOSED ORDER