Dawe v. Corrections USA et al

Filing 605

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/2011 ORDERING 604 Plaintiffs' Motion shall be continued to 8/29/2011, at 10:00 AM, Opposition to dfts' Motion shall be filed no later than 8/3/2011, and that dfts' reply papers shall be filed no later than 8/22/2011; subject to the Court's approval, that the STAY is EXTENDED to 8/29/2011. (Reader, L)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
DANIEL L. BAXTER (SBN 203862)
400 Capitol Mall, Twenty-Second Floor
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff/Counter-Defendant
BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN
ASSOCIATES, LLC, Defendant/Counter-Plaintiff GARY
HARKINS, and Defendant RICHARD LOUD

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN DAWE; FLAT IRON
MOUNTAIN ASSOCIATES, LLC,
formerly known as Flat Iron Mountain
Associates, a Partnership,

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Plaintiffs,
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v.

Case No. 2:07-CV-01790 LKK EFB
[Consolidated Master Case Number]
STIPULATION AND ORDER
CONTINUING HEARING DATE ON
DEFENDANTS’ MOTION TO ALLOW
POSTING OF ALTERNATIVE SECURITY

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CORRECTIONS USA, a California
Corporation; CALIFORNIA
CORRECTIONAL PEACE OFFICERS
ASSOCIATION, a California Corporation;
JAMES BAIARDI, an individual;
DONALD JOSEPH BAUMANN, an
individual,

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Defendants.
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AND RELATED CLAIMS AND
COUNTERCLAIMS

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

689509.1
STIPULATION AND ORDER RE CONTINUANCE OF HEARING ON SECURITY MOTION (CASE NO. 07-01790 LKK EFB)

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RECITALS

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Defendants

CORRECTIONS

USA,

CALIFORNIA

CORRECTIONAL

PEACE

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OFFICERS ASSOCIATION, JAMES BAIARDI, and DONALD JOSEPH BAUMANN

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(collectively referred to herein as “Defendants”) have appealed the judgment in this matter. On

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July 1, 2010, Defendants filed a Motion to Allow Posting of Alternative Security in connection

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with that appeal. (“Motion”—CM/ECF Doc. No. 603.)

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The hearing on Defendants’ Motion was set for August 1, 2011. The current deadline for

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Plaintiff/Cross-Defendant BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN ASSOCIATES,

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LLC, and Defendant/Counter-Plaintiff GARY HARKINS (collectively referred to herein as

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“Plaintiffs”) to file their opposition to the Motion is July 18, 2011. Plaintiffs require additional

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time to prepare and file their opposition, primarily due to the work schedule of Plaintiffs’ counsel.

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Defendants do not oppose Plaintiffs’ request for additional time, provided Defendants are given

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commensurate time to prepare and file their reply brief.

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As set forth below, the parties therefore stipulate and request that the Court continue the

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hearing on Defendants’ Motion to August 29, 2011 (with the briefing schedule as detailed below).

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Further, on June 16, 2011, the Court entered its Order (CM/ECF Doc. No. 602) continuing

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the stay of execution of the judgment (the “Stay”) to August 1. In order to accommodate the

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continuance of the hearing on Defendants’ Motion, the parties also stipulate and request that the

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Court extend the Stay to August 29, 2011.

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STIPULATION

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In light of the above, the parties HEREBY STIPULATE, subject to the Court’s approval,

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that the hearing date on Plaintiffs’ Motion shall be continued to August 29, 2011, at 10:00 a.m. in

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Courtroom 4 of the above-entitled Court. The parties FURTHER STIPULATE that Plaintiffs’

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opposition to Defendants’ Motion shall be filed no later than August 3, 2011, and that

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Defendants’ reply papers shall be filed no later than August 22, 2011.

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The parties FURTHER STIPULATE, subject to the Court’s approval, that the Stay is

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extended to August 29, 2011.

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

689509.1

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STIPULATION AND ORDER RE CONTINUANCE OF HEARING ON SECURITY MOTION (CASE NO. 07-01790 LKK EFB)

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IT IS SO STIPULATED.

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DATED: July 13, 2011

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WILKE, FLEURY, HOFFELT, GOULD &
BIRNEY, LLP

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By:

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DATED: July 13, 2010

/s/ Daniel L. Baxter
DANIEL L. BAXTER
Attorneys for Plaintiff/Cross-Defendant
BRIAN DAWE, Plaintiff FLAT IRON
MOUNTAIN ASSOCIATES, LLC,
Defendant/Counter-Plaintiff GARY
HARKINS, and Defendant RICHARD LOUD

MANATT PHELPS & PHILLIPS LLP

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By:

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/s/ Dean J. Zipser
DEAN J. ZIPSER
Attorneys for
CORRECTIONS USA, CALIFORNIA
CORRECTIONAL PEACE OFFICERS
ASSOCIATION, JAMES BAIARDI, and
DONALD JOSEPH BAUMANN

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ORDER

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IT IS SO ORDERED.

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DATED: July 13, 2011

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

689509.1

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STIPULATION AND ORDER RE CONTINUANCE OF HEARING ON SECURITY MOTION (CASE NO. 07-01790 LKK EFB)