McCoy v. Department of the Army et al

Filing 59

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/8/2011 ORDERING that the hearing date for 50 Pltf's Motion to Modify the Scheduling Order is moved to 4/11/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The opposition brief shall be filed by 3/11/2011 and the reply brief shall be filed by 3/15/2011. (Zignago, K.) Modified on 3/9/2011 (Zignago, K.).

-CMK McCoy v. Army Corps of Engineers, et al.

Doc. 59

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John Ota, SBN 195532 LAW OFFICES OF JOHN OTA 1720 Broadway Alameda, CA 94501 Tel. [phone] Email: [e-mail] Attorney for Plaintiff ROSLYN McCOY

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Plaintiff Roslyn McCoy, and Defendant John M. McHugh, Secretary of the Army ("Secretary"), through their respective counsel, hereby respectfully submit the following stipulation to change the date of the hearing on Plaintiff's Motion to Modify the Scheduling Order from March 28 to March 21, with the opposition brief due on March 11 and the reply brief due on March 15. RECITALS On February 12, 2011, Plaintiff filed papers in support of her Motion to Modify the ROSLYN McCOY, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO DIVISION) ) Case No. 2:09-CV-01973-LKK-CMK ) Plaintiff, ) STIPULATION AND ORDER TO ) CHANGE THE HEARING DATE AND v. ) BRIEFING SCHEDULE FOR ) PLAINTIFF'S MOTION TO MODIFY DEPARTMENT OF THE ARMY -- ARMY ) THE SCHEDULING ORDER CORPS OF ENGINEERS and HONORABLE ) JOHN MCHUGH, SECRETARY OF THE ) ARMY, collectively, ) ) Defendant. ) ) )

Scheduling Order, with the hearing set for March 28, 2011. 2. Plaintiff's counsel inadvertently scheduled this hearing on a date he will be out of

the country on vacation. 3. As soon as Plaintiff's counsel realized his mistake, he contacted defense counsel to

Stip.& Order to Change Hearing Date,Briefing Sched.for Mot.to Modify Sched.Order-Case 2:09-cv-01973 LKK-CMK
Dockets.Justia.com

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discuss moving the hearing to April 25, 2011. 4. Defense counsel indicated his desire to have the motion resolved prior to April 25,

2011, given the potential impact of modification of the schedule on the Secretary's anticipated motion for summary judgment. Counsel for the Secretary suggested contacting the Court to determine if it was possible to have the matter specially set for a hearing on March 21 or April 1, 2011. Plaintiff's counsel agreed to moving up the date of the hearing to March 21, and both counsel have agreed that the Secretary could have his opposition filed by March 11 and Plaintiff have her reply brief filed by March 15. STIPULATION AND REQUEST Based on the above, the parties by and through their counsel of record, hereby stipulate and request that (1) the hearing date for Plaintiff's Motion to Modify the Scheduling Order be moved to March 21, 2011, 10 a.m. ; and (2) that the opposition brief will be filed by no later than March 11 and the reply brief will be filed no later than March 15. IT IS SO STIPULATED. BENJAMIN B. WAGNER United States Attorney

Date: March 4, 2011

______/Signed/_____________________________ By: TODD A. PICKLES Assistant United States Attorney Attorneys for Secretary of the Army

LAW OFFICES OF JOHN OTA

Dated: March 4, 2011

/Signed/ John Ota Attorney for Plaintiff

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ORDER This matter came before the Court on the parties' Stipulation to Change the Hearing Date and Briefing Schedule for Plaintiff's Motion to Modify the Scheduling Order. For the reasons stated in the Stipulation and for good cause showing, the Court ADOPTS the Stipulation and GRANTS the relief requested therein. Accordingly, IT IS HEREBY ORDERED THAT (1) the hearing date for Plaintiff's Motion to Modify the Scheduling Order be moved to April 11, 2011, 10 a.m. ; and (2) the opposition brief will be filed by no later than March 11 and the reply brief will be filed no later than March 15. IT IS SO ORDERED. Date: March 8, 2011

-3Stip.& Order to Change Hearing Date,Briefing Sched.for Mot.to Modify Sched.Order-Case 2:09-cv-01973 LKK-CMK