Wall v. Leavitt

Filing 212

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 1/28/2009 GRANTING 211 Stipulation and Proposed Order for Extension of Time to File Motion for Summary Judgment; Defendant's brief is now due on 2/24/2009 and all other briefing deadlines and schedules specified in the prior order remain unchanged. (Matson, R)

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LAWRENCE G. BROWN Acting United States Attorney KELLI L. TAYLOR Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814-2322 Telephone: [phone] Attorneys for Secretary of Department of Health and Human Services IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARES, INC. aka CONSUMER ADVOCATES RIGHTS ENFORCEMENT SOCIETY, a California not for profit public benefit consumer advocacy Corporation, PAMELA WALL, individually and on behalf of all those similarly situated, ) ) ) ) ) ) ) ) Plaintiff, ) ) v. ) ) MICHAEL O. LEAVITT, Secretary of ) the Department of Health and Human ) Services, ) ) Defendant. ) ____________________________________) Case No. 2:05-CV-02553-FCD-GGH

STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT Complaint Filed: Trial Date: December 15, 2006 None Set

The parties, by and through their counsel of record, HEREBY STIPULATE to a thirteen day extension of the deadline, set forth in this court's January 12, 2009 order (court docket #210), for Defendant to file its motion for summary judgement on Plaintiff's remaining causes of action. Pursuant to this stipulation, Defendant's Motion shall now be filed on February 24, 2009 instead of February 11, 2009. Plaintiff's opposition shall be due thirty days later; and Defendant's reply due fifteen days thereafter. This stipulation is necessitated by pre-existing scheduling conflicts for both counsel. Defendant's counsel received a motion for summary judgment in another federal action on January 9, 2009 and must file a cross motion for summary judgment and opposition on February 6, 2009, case # 2:08-CV-00645-WBS-CMK. Defense counsel also has a pre-arranged trip on January 31-February
Stipulation to Extend Briefing Schedule on Motion for Summary Judgment

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2, 2009 and other work commitments that were previously scheduled and cannot readily be rearranged. Plaintiff's counsel also has a dispositive motion and opposition due during this same time frame, which are scheduled for hearing on February 24, 2009. Plaintiff therefore does not wish to receive the summary judgment motion in this case before that date. There is currently no trial date in this case nor other court deadlines that will be impacted by this brief thirteen day extension. Accordingly, the parties hereby STIPULATE to a thirteen day extension of the deadline for Defendant to file its summary judgment motion on Plaintiff's remaining claims, which motion shall now be filed on February 24, 2009. IT IS SO STIPULATED Dated: January 26, 2009 LAWRENCE G. BROWN Acting United States Attorney By: /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney Attorneys for Defendant United States of America

Dated: January 26, 2009

/s/ Martha Bronson MARTHA BRONSON Attorneys for Plaintiff

ORDER Pursuant to the parties stipulation, and for good cause shown, the court hereby GRANTS the request for a thirteen day continuance of the deadline for Defendant to file its Motion for Summary Judgment on Plaintiffs' remaining claims as specified in this courts January 12, 2009 order (Court Docket #210). Defendant's brief is now due on February 24, 2009 and all other briefing deadlines and schedules specified in the prior order remain unchanged. IT IS SO ORDERED. Dated: January 28, 2009 care2553.eot /s/ Gregory G. Hollows Honorable Gregory Hollows United States Magistrate Judge

Stipulation to Extend Briefing Schedule on Motion for Summary Judgment

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