Tolls, et al. v. Pal, et al.

Filing 31

ORDER on JOINT APAPLICATION and STIPULATION TO EXTEND TIME and SET BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT. Plaintiffs' opposition and related documents shall be filed on October 9, 2018. Defendants' reply shall be filed on October 16, 2018. The hearing will take place as previously noticed on October 22, 2018. Order signed by District Judge Anthony W. Ishii on 10/5/2018. (Timken, A)

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BASHAR ALGABYALI (SBN: 248265)
[e-mail]
JINA KIM (SBN: 276706)
[e-mail]
GREATER BAKERSFIELD LEGAL ASSISTANCE
615 California Ave.
Bakersfield, CA 93304
Tel: [phone]

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CHRISTOPHER BRANCART (SBN: 128475)
[e-mail]
LIZA CRISTOL-DEMAN (SBN: 190516)
[e-mail]
BRANCART & BRANCART
Post Office Box 686
Pescadero, CA 94060
Tel: [phone]

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Attorneys for Plaintiffs

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JASON F. MEYER (SBN: 190800)
[e-mail]
ANDRÉ M. PICCIURRO (SBN: 239132)
[e-mail]
GORDON REES SCULLY MANSUKHANI, LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
DHARAM PAL and VIJAY PAL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO TOLLS, TANISHA WILEY,
TANYA MORRISON, and ARISSA
DICKSON TOLLS,

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Plaintiffs,
vs.
DHARAM PAL and VIJAY PAL,
Defendants.

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CASE NO. 1:17-CV-00776-AWI-JLT
JOINT APPLICATION AND
STIPULATION TO EXTEND TIME AND
SET BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT; [PROPOSED]
ORDER

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-1JOINT APPLICATION AND STIPULATION TO EXTEND TIME AND SET BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; PROPOSED ORDER

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Plaintiffs Mario Tolls, Tanisha Wiley, Tanya Morrison, and Arissa Dickson Tolls and

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Defendants Dharam Pal and Vijay Pal hereby apply for and stipulate to extend the deadline for

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plaintiffs’ opposition to defendants’ motion for partial summary judgment to Tuesday, October

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9, 2018, and the deadline for defendants’ reply brief to Tuesday, October 16, 2018. In the

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alternative, the parties stipulate and request to extend the deadline for plaintiffs’ opposition to

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Monday, October 8, 2018 (Columbus Day) only.

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There is good cause to grant this request, as set forth below and in the declaration of
plaintiffs’ counsel, Liza Cristol-Deman, filed herewith.
First, it is by joint stipulation of the parties.
Second, plaintiffs’ time for filing opposition briefing and supporting documentation is cut

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short by the Columbus Day holiday on Monday, October 8, 2018. Under Rule 6(a)(5) of the

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Federal Rules of Civil Procedure, the Columbus Day holiday moves back the deadline for

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plaintiffs’ opposition by three days, to Friday, October 5, 2018. Given the importance of a

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dispositive motion, plaintiffs require the full notice period to brief the issues and compile

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relevant evidence.

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Third, the parties propose two possible solutions. One possible schedule, Schedule 1,

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would continue the deadline for plaintiffs’ opposition and defendants’ reply by one day. If that

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schedule is unacceptable to the Court, Schedule 2 would allow plaintiffs to file their opposition

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on Columbus Day and keep defendants’ deadline for their reply on Monday, October 15. The

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date for hearing defendants’ motion need not change under either schedule. Both briefing

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schedules are set forth below:

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Schedule 1

Schedule 2

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Defendants’ motion (ECF 27)

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filed on September 10, 2018

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Opposition due:

Tuesday, October 9, 2018

Monday, October 8, 2018

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Reply due:

Tuesday, October 16, 2018

Monday, October 15, 2018

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Hearing

Monday, October 22, 2018

Monday, October 22, 2018

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-2JOINT APPLICATION AND STIPULATION TO EXTEND TIME AND SET BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; PROPOSED ORDER

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This is the first extension of time for briefing related to this motion that either party has

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sought. The parties previously applied for, and the Court granted, brief extensions of time for

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discovery and expert disclosures. (ECF 23-24.)

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A proposed order is lodged herewith.

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Respectfully submitted,

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Dated: October 4, 2018

BRANCART & BRANCART
By: /s/ Liza Cristol-Deman
Liza Cristol-Deman
Attorney for all Plaintiffs

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Dated: October 4, 2018
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GORDON REES SCULLY MANSUKHANI,
LLP
By: /s/ André M. Picciurro
(as authorized on October 4, 2018)
Attorneys for Defendants
DHARAM PAL AND VIJAY PAL

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-3JOINT APPLICATION AND STIPULATION TO EXTEND TIME AND SET BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; PROPOSED ORDER

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PROPOSED ORDER

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Based on the application and stipulation of the parties, and good cause appearing

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therefor, the Court hereby sets the following briefing schedule for Defendants’ motion for partial

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summary judgment (ECF 27), filed on September 10, 2018:

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Plaintiffs opposition and related documents shall be filed on October 9, 2018.

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Defendants’ reply shall be filed on October 16, 2018.

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The hearing will take place as previously noticed on October 22, 2018.

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IT IS SO ORDERED.

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Dated:

October 5, 2018
SENIOR DISTRICT JUDGE

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-4JOINT APPLICATION AND STIPULATION TO EXTEND TIME AND SET BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; PROPOSED ORDER