Andrea Van Scoy, etal v. New Albertson's, Inc., etal

Filing 44

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 08/18/10 ORDERING that the hearing on dft's 32 Motion for Summary Judgment as to Christina Carnes is CONTINUED to 09/30/10 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. Plf's opposition is due 09/16/10; dft's reply is due 09/23/10. (Benson, 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 Jill E. Barwick, Esq. BARWICK LAW FIRM 1303 Jefferson Street, Suite 200A Napa, CA 94559 Telephone: (707) 258-1799 attygirl@aol.com Attorney for Plaintiff Andrea Van Scoy, et. al. Steven R. Blackburn State Bar No. 154797 Matthew A. Goodin State Bar No. 169674 EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor San Francisco, California 94111-5427 Telephone: 415.398.3500 Facsimile: 415.398.0955 sblackburn@ebglaw.com mgoodin@ebglaw.com Attorneys for Defendant, SAVE MART SUPERMARKETS (successor in interest to ALBERTSONS INC. and ALBERTSONS LLC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ANDREA VAN SCOY, LYNDA AZEVEDO, DIANA MURDOCK, CHRISTINA CARNES, MINA JO GUERRERO, MIRACLE JOHNSON, ROSANNE LAZUKA, PATRICIA LOGAN, TERESA LYON, THERESA ORTH, AND MARA GRACE SMITH, Plaintiff, v. NEW ALBERTSON'S, INC., ALBERTSON'S, INC., SAVE-MART SUPERMARKETS, INC., LUCKY'S INC.; and DOES 1 through 25 inclusive, Defendant. CASE NO. 2:08-cv-02237-MCE-KJN JOINT STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF CHRISTINA CARNES; ORDER THEREON [FRCP RULE 6(b)(a)(A)] SF:677617v1 PDF created with pdfFactory trial version www.pdffactory.com Joint Stipulation To Continue MSJ Hearing Date and Order Case No. 2:08-cv-02237-MCE-KJN 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 The parties hereby jointly submit the following stipulation and request to continue the date currently set for Defendant's Summary Judgment Motion as to Plaintiff Christina Carnes to allow Plaintiff the time to take the depositions of Defendant's witnesses who filed declarations in support of their summary judgment motion and Lois Douglas On July 29, 2010 Defendant's filed a Motion for Summary Judgment as to Plaintiff Christina Carnes. Plaintiff's opposition to this motion is due August 19, 1020. The hearing is currently set for September 2, 2010. The Discovery cut-off in this matter is December 31, 2010. Plaintiff seeks a continuance of the motion to take the depositions of those individuals who have provided declarations in support of Defendant's Summary Judgment Motion, as well as that of defense witness Lois Douglas. Plaintiff believes the depositions of these witnesses are essential to the preparation of Plaintiff's opposition to Defendant's Summary Judgment Motion. Plaintiff has not requested any prior extensions of time for responding to Defendants Summary Judgment Motion as to Christina Carnes. While Defendant believes the depositions are not necessary to oppose the motion, Defendant has nonetheless agreed to continue the hearing on its motion for summary judgment from September 2, 2010 to September 30, 2010, to allow Plaintiff to take depositions of the declarants and Lois Douglas. Pursuant Rule 6 of the Federal Rule of Civil Procedure, the parties request the Court grant this stipulation to continue the hearing on this Motion for Summary Judgment as to Christina Carnes to September 30, 2010. Respectfully submitted, DATED: August 13, 2010 BARWICK LAW FIRM By: /s/ Jill E. Barwick Attorney for Plaintiffs Andrea Van Scoy, et al. DATED: August 13, 2010 EPSTEIN BECKER & GREEN, P.C. By: /s/ Steven R. Blackburn Matthew A. Goodin Attorneys for Defendant -2SF:677617v1 PDF created with pdfFactory trial version www.pdffactory.com Joint Stipulation To Continue MSJ Hearing Date and Order Case No. 2:08-cv-02237-MCE-KJN 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 -3SF:677617v1 Save Mart Supermarkets ORDER Upon reviewing the parties' Stipulation and request to continue the hearing on Defendant's Motion for Summary Judgment as to Christina Carnes, and good cause appearing therefor, the Court hereby grants the parties' request for a continuance. The hearing on Defendant's Motion for Summary Judgment as to Christina Carnes is continued to September 30, 2010 at 2:00 p.m. Pursuant to Local Rule 78-230, Plaintiff's opposition to Defendant's Motion for Summary Judgment shall be filed on or by September 16, 2010, and Defendant's reply shall be filed on September 23, 2010. Dated: August 18, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE PDF created with pdfFactory trial version www.pdffactory.com Joint Stipulation To Continue MSJ Hearing Date and Order Case No. 2:08-cv-02237-MCE-KJN

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