Bauer, et al. vs. Harris, et al.

Filing 20

STIPULATION FOR CONTINUANCE OF MOTION TO STAY HEARING DATE AND EXTEND ASSOCIATED DEADLINES and ORDER THEREON. Motion Hearing is continued to 6/22/2012 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 04/20/2012. (Yu, L)

C. D. Michel - S.B.N. 144258
Sean A. Brady - S.B.N. 262007
1 MICHEL & ASSOCIATES, P.C.
180 E. Ocean Boulevard, Suite 200
2 Long Beach, CA 90802
Telephone: [phone]
3 Facsimile: 562-216-4445
Email: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO BRANCH COURTHOUSE

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BARRY BAUER, STEPHEN
WARKENTIN, NICOLE FERRY,
LELAND ADLEY, JEFFREY
HACKER, NATIONAL RIFLE
ASSOCIATION OF AMERICA,
INC., CALIFORNIA RIFLE AND
PISTOL ASSOCIATION
FOUNDATION, HERB BAUER
SPORTING GOODS, INC.,
Plaintiffs

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vs.

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KAMALA HARRIS, in Her Official
Capacity as Attorney General For
the State of California; STEPHEN
LINDLEY, in His Official Capacity
as Acting Chief for the California
Department of Justice, and DOES
1-10,

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Defendants.

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CASE NO. 1:11-cv-01440-LJO-MJS
STIPULATION FOR CONTINUANCE
OF MOTION TO STAY HEARING
DATE AND EXTEND ASSOCIATED
DEADLINES
AND
ORDER THEREON
(Fed. R. Civ. P. 6(b)(1)(A); Local Rules
144, 230(f))

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09-CV-2371 IEG (BGS)

1 I.
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INTRODUCTION

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The parties, Plaintiffs Barry Bauer, Stephen Warkentin, Nicole Ferry,
Leland Adley, Jeffrey Hacker, National Rifle Association of America, Inc.,
California Rifle and Pistol Association Foundation, Herb Bauer Sporting
Goods, Inc. (collectively APlaintiffs@) and Defendants Attorney General
Kamala D. Harris and Chief of the Firearms Bureau Stephen Lindley
(collectively ADefendants@), through their respective attorneys of record,
hereby jointly stipulate to continue the date of the hearing for Defendants=
Motion to Stay and to extend the remaining deadlines for moving papers
related to that motion in accordance with the stipulated schedule set forth
herein.

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II.

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RECITALS/GROUNDS FOR RELIEF

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WHEREAS, Defendants filed a Motion to Stay Proceedings in this matter
pending the Ninth Circuit en banc panel=s decision in Nordyke v. King, 664
F.3d 774 (9th Cir. 2011), on March 22, 2012;

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WHEREAS, in that motion, Defendants state they intend to file a motion
for judgment on the pleadings but wish to see if the anticipated Nordyke
opinion affects their legal arguments in their motion;

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WHEREAS, based on the oral arguments that occurred on March 19,
2012 in Nordyke, all parties to this action filed a joint stipulation on April 2,
2012, asking this court to continue the hearing date on Defendants=s motion
to stay, as well as all deadlines associated therewith, as follows:

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1.

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The hearing on Defendants= Motion to Stay shall be moved to Monday, May 25, 2012.

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Plaintiffs= Response to Defendants= Motion to Stay shall be due on or before April 23,

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Defendants Reply in support of their Motion shall be due on or before

2012.

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STIPULATION FOR CONTINUANCE OF MOTION TO STAY HEARING DATE

May 7, 2012.
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WHEREAS, this Court issued an Order accepting the parties= proposed
dates in their stipulation on January 11, 2012.

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WHEREAS, since this Court=s acceptance of the parties= referenced
stipulation, the en banc panel in Nordyke issued an order on April 4, 2012,
deferring submission of the case for 45 days (i.e., May 19) and referring the
parties to the Circuit Mediation Office for mediation in the hopes of settlement
of the controversy Nordyke v. King, 2012 WL1110131 (April 4, 2012) (No.
07-15763).

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WHEREAS, all parties to this action seek to keep the costs of litigation
low;
WHEREAS, all parties likewise wish to conserve judicial time and
resources;
WHEREAS, all parties believe there is more benefit than burden to this
Court and parties by awaiting the 45-day deference of Nordyke=s submission
to see if Defendants= Motion to Stay does not need to be litigated by a
possible disposition of Nordyke at that time, all parties believe it is in the
interest of judicial economy and conservation of the parties= resources to
again continue the hearing date on Defendants= Motion to Stay and filing
dates related thereto until after the 45-day deference of Nordyke=s
submission;
WHEREAS, Local Rule 144(a) of this Court allows a 28-day extension of
time for responding to complaints and certain other documents, but states
that A[a]ll other extensions of time must be approved by the Court@;
WHEREAS, FRCP 6(b)(1)(A) allows for the extension of time for good
cause,
Awith or without motion or notice if the court acts, or if a request is made,
before the original time or its extension expires@;
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STIPULATION FOR CONTINUANCE OF MOTION TO STAY HEARING DATE

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AND WHEREAS, THE PARTIES STIPULATE AND AGREE TO THE
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FOLLOWING:

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4.

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The hearing on Defendants= Motion to Stay shall be moved to Friday, June 22, 2012.

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Plaintiffs= Response to Defendants= Motion to Stay shall be due on or before June 8,

6.

Defendants Reply in support of their Motion shall be due on or before June 15, 2012.

2012.

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The parties hereby jointly request that this Court grant the relief sought by this stipulation.

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Dated: April 20, 2012

MICHEL & ASSOCIATES, P.C.

Dated: April 20, 2012

/s/ C. D. Michel
C. D. Michel
Attorney for Plaintiffs
Deputy Attorney General

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/s/ Susan K. Smith
Susan K. Smith
(as approved on 4/20/12)
Attorney for Defendants
ORDER

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Good cause appearing, the Parties’ Stipulation is accepted and adopted as the Order of the
Court.

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IT IS SO ORDERED.

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Dated:

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April 20, 2012

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

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ci4d6

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STIPULATION FOR CONTINUANCE OF MOTION TO STAY HEARING DATE