Whitsitt v. Amazon.Com et al

Filing 74

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/21/2019 MOVING the 67 Motion for Summary Judgment Hearing to 6/13/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. All other dates are set according to the parties' stipulation. (Huang, H)

1 Douglas E. Dexter (State Bar No. 115868)
[e-mail]
2 Chandra S. Andrade (State Bar No. 271769)
[e-mail]
3 Jamie E. Sutton (State Bar No. 312853)
[e-mail]
4 Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant Amazon.com, Inc.
8 William J. Whitsitt
736 S. Oro Ave
9 Stockton, CA 95215
[e-mail]
10 209-229-8463
11 Plaintiff, in propria persona
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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WILLIAM J. WHITSITT,

Case No. 2:14-cv-416 TLN CKD (PS)

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Plaintiff,
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vs.
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STIPULATION TO CONTINUE
SUMMARY JUDGMENT HEARING AND
EXTEND ASSOCIATED BRIEFING
DEADLINES; ORDER

AMAZON.COM, INC.,
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The Hon. Carolyn K. Delaney
Defendant.

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Complaint Filed: February 7, 2014
FAC Filed: March 20, 2014
SAC Filed: April 25, 2014
Trial Date: October 21, 2019

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
[phone]

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30050\12466879.1

STIPULATION TO CONTINUE SUMMARY JUDGMENT HEARING AND BRIEFING DEADLINES
Case No. 2:14-cv-416 TLN CKD PS

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IT IS HEREBY STIPULATED and agreed by and between Plaintiff WILLIAM

2 WHITSITT, in propia persona, and Defendant AMAZON.COM, INC., by and through its counsel,
3 as follows:
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1.

On May 3, 2019, Defendant filed a Motion for Summary Judgment (the “Motion”),

5 noticing a hearing date of June 5, 2019;
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2.

The current deadline for Plaintiff to file an Opposition to the Motion is May 22,

7 2019, and the deadline for Defendant to file a Reply is May 29, 2019;
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3.

Pursuant to the Court’s April 26, 2018 Pretrial Scheduling Order (Docket #66), the

9 last day for all non-discovery law and motion to be completed/heard is June 17, 2019;
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4.

On May 17, 2019, undersigned counsel for Defendant was selected to serve on a

11 criminal jury in San Francisco, with trial beginning May 20, 2019 and anticipated to last
12 potentially until May 31, 2019. The other attorney of record for Amazon with knowledge of this
13 matter is traveling internationally with limited to no Internet access the week of May 20th,
14 returning the Sunday of Memorial Day weekend, two business days before Amazon’s current
15 Reply deadline;
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5.

Due to these unforeseen circumstances greatly limiting Amazon counsel’s

17 availability during the two weeks leading up to the Motion hearing date when the parties’ briefing
18 is due, the parties agree to extend the hearing and briefing deadlines associated with Defendant’s
19 Motion, as follows:
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1.

The hearing date on Defendant’s Motion shall be moved from June 5, 2019

21 to June 12, 2019, which is still in advance of the June 17, 2019 law and motion deadline;
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2.

The deadline for Plaintiff to file and serve his Opposition to the Motion

23 shall be moved from May 22, 2019 to May 28, 2019; and
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3.

The deadline for Defendant to file and serve its Reply in further support of

25 the Motion shall be moved from May 29, 2019 to June 5, 2019.
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
[phone]

6. All other dates contained in the Pretrial Scheduling Order shall remain in place.
IT IS SO STIPULATED.

1 Dated: May 19, 2019

FARELLA BRAUN + MARTEL LLP

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By: /s/ Chandra S. Andrade
Chandra S. Andrade

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Attorneys for Defendant Amazon.com, Inc.

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6 Dated: May 19, 2019
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By: /s/ William Whitsitt
William Whitsitt, Pro Se

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ORDER

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As June 12, 2019 is not available on the court’s calendar, the hearing date on Defendant’s

12 Motion shall be moved from June 5, 2019 to June 13, 2019 at 10:00 a.m. All other dates are set
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according to the parties’ stipulation. Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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15 Dated: May 21, 2019
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
[phone]

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE