Novikoff v. United States

Filing 35

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/18/13 ORDERING that Defendat's MOTION for SUMMARY JUDGMENT 34 shall be calendared for hearing on 8/22/13. That Defendants motion be briefed on the following schedule: Defendant's Motion and supporting papers: 7/18/13, Plaintiff's Opposition: 8/8/13; Defendant's Reply: 8/15/13.(Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
United States of America

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN NAVY NOVIKOFF

CASE NO. 2:11-CV-03023-MCE -EFB

Plaintiff,
v.

STIPULATION AND ORDER SETTING
BRIEFING SCHEDULE FOR
DEFEDNANT’S MOTION FOR
SUMMARY JUDGMENT

UNITED STATES OF AMERICA,
Defendant.

[Local Rule 143]

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WHEREAS, this Court’s Scheduling Order [Dkt. No. 11] requires any motion for summary

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judgment to be filed 8 weeks before a hearing, the opposition and any cross-motion to be filed 5

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weeks before a hearing, the opposition to any cross-motion and reply regarding the motion to be

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filed 3 weeks before a hearing; and any reply regarding the cross-motion to be filed one week before

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the hearing date;

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WHEREAS, Defendant wishes to file a motion for summary judgment on an issue on which
Plaintiff does not wish to cross-move;

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WHEREAS, the parties have a fundamental disagreement on this issue underlying

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Defendant’s proposed summary judgment motion, which could be dispositive of the case;

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WHEREAS, an order from the Court deciding Defendant’s motion is likely to aid in

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resolution of this case;

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Stipulation Setting Summary Judgment Briefing Schedule

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NOW WHEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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That Defendant’s motion for summary judgment shall be calendared for hearing on August

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22, 2013;1
That Defendant’s motion be briefed on the following schedule:

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• Defendant’s Motion and supporting papers:
• Plaintiff’s Opposition:
• Defendant’s Reply:

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July 18, 2013
August 8, 2013;
August 15, 2013.

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Nothing herein is intended to prohibit any party from filing any such motion according to the

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schedule set forth in the operative Scheduling Order.

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Respectfully Submitted,

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DATED: July 5, 2013

BENJAMIN B. WAGNER
United States Attorney

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By:
/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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DATED: July 5, 2013

/s/ Joseph E. Maloney
Attorney for Plaintiff

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IT IS SO ORDERED.

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Dated: July 18, 2013

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The parties recognize that the Court retains the discretion to submit this matter without argument,
or to continue the hearing to another date.

Stipulation Setting Summary Judgment Briefing Schedule

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