Courthouse News Service v. Michael Planet

Filing 63

STIPULATION for Hearing re MOTION to Dismiss Amended Complaint #61 filed by plaintiff Courthouse News Service. (Attachments: #1 Proposed Order Approving Stipulation to Continue Motion Hearing Date and Setting Briefing Schedule)(Fetterly, Jonathan)

1 Rachel E. Matteo-Boehm (SBN 195492)
[e-mail]
2 Leila C. Knox (SBN 245999)
[e-mail]
3 BRYAN CAVE LLP
560 Mission Street, 25th Floor
4 San Francisco, CA 94105-2994
Telephone: [phone]
5 Facsimile: [phone]

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

6 Jonathan G. Fetterly (SBN 228612)
[e-mail]
7 BRYAN CAVE LLP
120 Broadway, Suite 300
8 Santa Monica, CA 90401-2386
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff
Courthouse News Service
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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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15 Courthouse News Service,

Case No. CV11-08083 R (MANx)

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STIPULATION TO CONTINUE
MOTION HEARING DATE AND
SETTING BRIEFING SCHEDULE

Plaintiff,

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vs.

18 Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
19 Ventura County Superior Court,
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Defendant.

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1040927.2

STIPULATION TO CONTINUE MOTION HEARING DATE

CASE NO. CV11-08083 R (MANx)

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STIPULATION

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WHEREAS, Plaintiff Courthouse News Service (“Courthouse News”) filed

3 on June 3, 2014, an Amended Complaint for Injunctive and Declaratory Relief that
4 included a single count for violation of U.S. Const. Amend. I and 42 U.S.C. § 1983
5 (Dkt. 58); and
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WHEREAS, Courthouse News filed its Amended Complaint pursuant to a

7 stipulation filed May 28, 2014 (Dkt. 56), and the Court’s Order dated June 2, 2014
8 (Dkt. 57); and
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WHEREAS Defendant Michael Planet, in his official capacity as court

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

10 executive officer/clerk of the Ventura County Superior Court (“Ventura Superior”)
11 responded to the Amended Complaint by filing a Motion to Dismiss Amended
12 Complaint (“Motion”) on June 24, 2014 (Dkt. 61), and subsequently filed a Notice
13 of Errata on June 30, 2014 (Dkt. 62); and
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WHEREAS, Ventura Superior noticed the Motion for hearing on August 4,

15 2014, at 10:00 a.m., and based on this hearing date Courthouse News’ opposition to
16 the Motion is currently due July 14, 2014, and Ventura Superior’s reply currently is
17 due July 21, 2014; and
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WHEREAS, Courthouse News’ lead counsel, Rachel Matteo-Boehm, will be

19 unavailable during July 5-13, 2014, due to a previously scheduled and pre-paid
20 vacation, which conflicts with the period of time in which Courthouse News must
21 prepare and file its opposition to the Motion based on the current hearing date of
22 August 4, 2014; and
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WHEREAS, the parties previously conferred regarding Courthouse News’

24 counsel’s unavailability during their Rule 26(f) conference, and the parties have
25 subsequently conferred regarding a continuance of the hearing date on the Motion
26 and a briefing schedule that does not conflict with the unavailability of Courthouse
27 News’ counsel; and
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1040927.2

1

STIPULATION TO CONTINUE MOTION HEARING DATE

CASE NO. CV11-08083 R (MANx)

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WHEREAS, the parties have also conferred regarding a modified briefing

2 schedule for the Motion that would afford both Courthouse News and Ventura
3 Superior additional time to prepare their opposition and reply papers, respectively,
4 and the parties have agreed to a modified briefing schedule whereby they would
5 each have an additional week to prepare their respective opposition and reply
6 papers; and
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WHEREAS, the parties agree that the hearing date on the Motion should be

8 continued to August 18, 2014, at 10:00 a.m.; and
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WHEREAS, the parties agree that Courthouse News’ opposition to the

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

10 Motion should be due July 21, 2014, and Ventura Superior’s reply in support of the
11 Motion should be due August 4, 2014;
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NOW, THEREFORE, for good cause shown, the parties stipulate that the

13 hearing on Ventura Superior’s Motion should be continued to August 18, 2014, at
14 10:00 a.m., that Courthouse News’ opposition to the Motion shall be due July 21,
15 2014, and Ventura Superior’s reply in support of the Motion shall be due August 4,
16 2014.
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STIPULATED AND AGREED TO:

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19 Dated: June 30, 2014

By:

/s/ Jonathan G. Fetterly___
Jonathan G. Fetterly
Attorneys for Plaintiff
Courthouse News Service

By:

/s/ Erica L. Reilley
___
Erica L. Reilley
Attorneys for Defendant
Michael Planet, in his official capacity
as Court Executive Officer/Clerk of
Court of the Ventura County Superior
Court

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Dated: June 30, 2014

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1040927.2

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STIPULATION TO CONTINUE MOTION HEARING DATE

CASE NO. CV11-08083 R (MANx)

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ATTESTATION

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Pursuant to L.R. 5-4.3.4, I hereby attest that all other signatories listed, and on

3 whose behalf this filing is submitted, concur in the filing’s content and have
4 authorized the filing.
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Dated: June 30, 2014

By:

/s/ Jonathan G. Fetterly___
Jonathan G. Fetterly

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BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

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1040927.2

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STIPULATION TO CONTINUE MOTION HEARING DATE

CASE NO. CV11-08083 R (MANx)

PROOF OF SERVICE
FRCIVP 5(B)

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over
the age of 18 and not a party to the within action. My business address is 120
5 Broadway, Suite 300, Santa Monica, CA 90401-2382.
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Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386

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On June 30, 2014, I served the foregoing document described as
7 STIPULATION TO CONTINUE MOTION HEARING DATE AND SETTING
BRIEFING SCHEDULE on the interested party in this action by placing a true and
8 correct copy thereof enclosed in a sealed envelope addressed as follows:
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SEE ATTACHED SERVICE LIST
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BY MAIL: I am “readily familiar” with the firm’s practice of
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collection and processing correspondence for mailing. Under that practice it
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would be deposited with U.S. postal service on that same day with postage
thereon fully prepaid at Santa Monica, California in the ordinary course of
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business. I am aware that on motion of the party served, service is presumed
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invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
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BY FEDERAL EXPRESS: I caused said document to be sent via
Federal Express to the addressee as indicated on the attached service list.
BY ELECTRONIC MAIL: I caused the above-referenced document to
be served to the addressee on the attached service list via electronic mail.

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Executed on June 30, 2014, at Santa Monica, California.

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(FEDERAL) I declare that I am employed in the office of a member of
the bar of this court at whose direction the service was made.

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GERI ANDERSON

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PROOF OF SERVICE
1040927.2

CASE NO. CV11-08083 R (MANx)

SERVICE LIST

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2 Robert A. Naeve, Esq.
Erica L. Reilley, Esq.
3 JONES DAY
4 3161 Michelson Drive, Suite 800
Irvine, CA 92612
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Attorney for Defendant

Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386

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PROOF OF SERVICE
1040927.2

CASE NO. CV11-08083 R (MANx)