Felipe Montoya v. Time Warner Telecom Holdings Inc.

Filing 17

STIPULATION and ORDER TO EXTEND MOTION FOR SUMMARY JUDGMENT DEADLINES. Dispositive Motion Deadline 2/13/2009, Opposition deadline 2/27/2009, Reply Deadline 3/11/2009, Hearing 3/16/2009. signed by Magistrate Judge Dennis L. Beck on 1/27/2009. (Hernandez, M)

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CURIALE DELLAVERSON HIRSCHFELD & KRAEMER, LLP

DANIEL H. HANDMAN (SBN 236345) AMY A. DURGAN (SBN 245325) CURIALE DELLAVERSON HIRSCHFELD & KRAEMER, LLP 2425 Olympic Boulevard Suite 550 East Tower Santa Monica, CA 90404 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TIME WARNER TELECOM HOLDINGS INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISON

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A T T O R N E Y S A T LAW

FILIPE MONTOYA, Plaintiff, vs. TIME WARNER TELECOM HOLDINGS INC.; and DOES 1 through 20, inclusive, Defendants.

Case No. 1:08-CV-00227-AWI-DLB STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT DEADLINES Complaint Filed: December 20, 2007

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SANTA MONICA

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IT IS HEREBY STIPULATED by and between Plaintiff Felipe Montoya ("Montoya") and Defendant tw telecom holdings inc. ("TWT") (collectively, the "Parties") that the deadline for either Party to file a Motion for Summary Judgment and all corresponding dates for oppositions, replies and hearings shall be extended by 14 days. As set forth below, this brief extension is needed due to a death in the family of Defendant's counsel and an unexpected medical issue that arose with Defendant's counsel's son which will require surgery. The Parties enter into this stipulation and seeks this Order for the following reasons and based on the following facts: 1. Lead counsel for TWT recently experienced an unexpected death in the family,

which required him to travel to the East Coast for one week. Additionally, TWT's lead counsel's son has a serious medical issue that is being addressed by a surgery with a lengthy recovery 1
STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT DEADLINES - CASE NO. 1:08-CV-00227-AWI-DLB

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CURIALE DELLAVERSON HIRSCHFELD & KRAEMER, LLP

period in February 2009, which will render lead counsel unavailable for any work on this case for at least two weeks. 2. Neither party has requested an extension of any deadlines in this case prior to this

request. The Parties do not expect that any other deadlines in this case ­ including the dates for the Pretrial Conference and the Trials ­ should be affected by this requested extension. 3. The Parties agree that a continuation of the deadline to submit a Motion for

Summary Judgment/Summary Adjudication of the Issues and Opposition and Reply briefs thereto will not prejudice any of them. ACCORDINGLY, the Parties hereby stipulate to extend the deadline to file a Motion for Summary Judgment/Summary Adjudication of 14 days so that the following dates shall be set: Dispositive Motion Deadline: February 13, 2009 Opposition Deadline (if served electronically): February 27, 2009 Reply Deadline: March 11, 2009 Hearing: March 16, 2009 Dated: January _____, 2009 W. J. SMITH & ASSOCIATES

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A T T O R N E Y S A T LAW

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SANTA MONICA

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By:

/s/ Shelley G. Bryant Amanda B. Newell

Attorneys for Defendant FELIPE MONTOYA

Dated: January _____, 2009

CURIALE DELLAVERSON HIRSCHFELD & KRAEMER, LLP

By:

/s/ Daniel H. Handman Amy A. Durgan Attorneys for Defendant TIME WARNER TELECOM HOLDINGS INC.

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STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT DEADLINES - CASE NO. 1:08-CV-00227-AWI-DLB

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CURIALE DELLAVERSON HIRSCHFELD & KRAEMER, LLP

IT IS SO ORDERED: Dated: 27 January 2009 /s/ Dennis L. Beck U.S. Magistrate Judge

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A T T O R N E Y S A T LAW

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SANTA MONICA

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STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT DEADLINES - CASE NO. 1:08-CV-00227-AWI-DLB