Gilman v. Fisher, et al

Filing 160

STIPULATION and ORDER re 159 signed by Senior Judge Lawrence K. Karlton on 1/5/09. Responses to Motion to Amend Complaint 154 , Motion for Class Certification 155 , and Motion for Prelim Injunction 157 are DUE by 1/9/09. Reply briefs, if any, are DUE by 1/16/09.(Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PORTER * SCOTT ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: 916. 929.1481 FAX: 916. 927.3706 A PROFESSIONAL CORPORATION Terence J. Cassidy, SBN 99180 Glen A. Williams, SBN 257665 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendants BOOKER WELCH, MARTIN HOSHINO, JAMES DAVIS, JONES MOORE, LOUIE DININNI, NOREEN BLONIEN and ARNOLD SCHWARZENEGGER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA R I C H A R D M. GILMAN, DENNIS ANDERSON, ROBERT A. GOULD, JR., CHARLES LEWIS, RICHARD LEWIS and GLORIA OLSON, on their own behalf and on behalf of those similarly situated, Plaintiffs, v. BOOKER WELCH, et al., Defendants. Case No. 2:05-cv-00830-LKK-GGH STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR MOTIONS TO AMEND COMPLAINT, FOR CLASS CERTIFICATION AND FOR PRELIMINARY INJUNCTION / IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs RICHARD M. GILMAN, DENNIS ANDERSON, ROBERT A. GOULD, JR., CHARLES LEWIS, RICHARD LEWIS and GLORIA OLSON and Defendants BOOKER WELCH, MARTIN HOSHINO, JAMES DAVIS, JONES MOORE, LOUIE DININNI, NOREEN BLONIEN and ARNOLD SCHWARZENEGGER that the time for briefing on the above-referenced motions be continued an additional four days so that oppositions or statements of non-opposition shall be filed on or before January 9, 2009 and reply briefs, if any, shall be filed not later than January 16, 2009. 1 STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR MOTIONS TO AMEND COMPLAINT, FOR CLASS CERTIFICATION AND FOR PRELIMINARY INJUNCTION 00639157.WPD www.porterscott.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PORTER * SCOTT ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: 916. 929.1481 FAX: 916. 927.3706 Good cause exists for the granting of the four day extension of the briefing schedule set forth in the order filed December 23, 2008, Docket # 158, on the grounds that counsel for Defendants only recently substituted into this case on December 17, 2008 and had previously scheduled to be out of the office from December 24 to December 28 and December 31 to January 2, 2009 and therefore the deadline for filing oppositions not later than January 5, 2009, presents an undue hardship on counsel for Defendants. In addition, to the extent evidentiary declarations may be necessary to oppose the Motion for Preliminary Injunction, counsel for Defendants believes that it will be extremely difficult to communicate with the necessary parties over the upcoming holidays in order to obtain those declarations. Furthermore, counsel for Plaintiffs has requested the additional four day extension within which to file the reply brief, if any, because King Hall students return to school on January 12, 2009 and therefore would be available to work on those briefs until they would be due on the new filing date of January 16, 2009. This will not alter the hearing date of January 30, 2009. The parties respectfully submit that the respective four day extensions to the briefing schedule is therefore reasonable and necessary in this case. WHEREFORE, the parties respectfully that the Court grant this Stipulation and Order to modify to the briefing schedule as requested above. Dated: December 23, 2008 U.C. DAVIS CIVIL RIGHTS CLINIC By /s/ Carter C. White Carter C. White Attorney for Plaintiffs RICHARD M. GILMAN, DENNIS ANDERSON, ROBERT A. GOULD, JR., CHARLES LEWIS, RICHARD LEWIS and GLORIA OLSON //// //// 2 STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR MOTIONS TO AMEND COMPLAINT, FOR CLASS CERTIFICATION AND FOR PRELIMINARY INJUNCTION 00639157.WPD www.porterscott.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PORTER * SCOTT ATTORNEYS 350 UNIVERSITY AVE., SUITE 200 SACRAMENTO, CA 95825 TEL: 916. 929.1481 FAX: 916. 927.3706 //// Dated: January 5, 2009 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Terence J. Cassidy Terence J. Cassidy Attorney for Defendants BOOKER WELCH, MARTIN HOSHINO, JAMES DAVIS, JONES MOORE, LOUIE D I N I N N I , NOREEN BLONIEN and ARNOLD SCHWARZENEGGER IT IS SO ORDERED. Dated: January 5, 2009 3 STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR MOTIONS TO AMEND COMPLAINT, FOR CLASS CERTIFICATION AND FOR PRELIMINARY INJUNCTION 00639157.WPD www.porterscott.com

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