Hyatt v. Chiang et al

Filing 14

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 6/9/2014 ORDERING that Defendants shall file motions to dismiss or other pleadings in response to Plaintiff's Complaint on or before 6/20/2014. Plaintiff shall file briefs in oppo sition to any motion to dismiss filed by Defendants on or before 7/25/2014. Defendants shall file reply briefs in support of their motions to dismiss, if any, on or before 8/25/2014. A hearing on any motion to dismiss filed by Defendants shall be scheduled for 9/22/2014 at 9 a.m. The initial case management conference currently scheduled for 7/21/2014 at 9 a.m. is be continued until 10/24/2014 at 9 a.m. A joint status report shall be filed fourteen days prior to the hearing. (Zignago, K.)

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JAMES M. WAGSTAFFE (95535)
MICHAEL VON LOEWENFELDT (178665)
BRADY DEWAR (252776)
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendants BETTY T. YEE, GEORGE RUNNER, MICHELLE STEEL,
JEROME E. HORTON, and JOHN CHIANG in their official capacity as members of the
California State Board of Equalization

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Donald J. Kula (144342)
PERKINS COIE LLP
1888 Century Park East, Suite 1700
Los Angeles, CA 90067
Telephone: [phone]
Fax: [phone]
Malcolm S. Segal (75481)
SEGAL & ASSOCIATES, PC
400 Capitol Mall, Suite 2550
Sacramento, CA 95814
Telephone: [phone]
Attorneys for Plaintiff
GILBERT P. HYATT

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[additional counsel on the following page]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GILBERT P. HYATT,

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Plaintiff,

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v.
JOHN CHIANG, JEROME E. HORTON, and
MICHAEL COHEN, CALIFORNIA
FRANCHISE TAX BOARD MEMBERS;
BETTY T. YEE, GEORGE RUNNER,
MICHELLE STEEL, JEROME E. HORTON,
and JOHN CHIANG, CALIFORNIA STATE
BOARD OF EQUALIZATION MEMBERS,

Case No. 2:14-cv-00849 GEB-DAD
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING AND
HEARING SCHEDULE FOR
DEFENDANTS’ MOTIONS TO
DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE

Hon. Garland E. Burrell, Jr.

Defendants

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
LEGAL121932737.2

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CYNTHIA J. LARSEN (123994)
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: [phone]
JAMES BRADSHAW (108765)
DEBBIE LEONARD (226547)
MCDONALD CARANO WILSON LLP
100 West Liberty Street, 10th Floor
P.O. Box 2670
Reno, Nevada 89505
Telephone: [phone]
Attorneys for Defendants JOHN CHIANG, JEROME E. HORTON, and MICHAEL COHEN in
their official capacity as members of the California Franchise Tax Board

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
LEGAL121932737.2

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STIPULATION
Plaintiff Gilbert P. Hyatt (“Plaintiff”) and Defendants John Chiang, Jerome E. Horton,

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and Michael Cohen, California Franchise Tax Board Members; and Betty T. Yee, George

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Runner, Michelle Steel, Jerome E. Horton, and John Chiang, California State Board of

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Equalization Members (jointly, “Defendants”), through their counsel of record, hereby stipulate

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to the following modified briefing schedule for Defendants’ anticipated motions to dismiss and

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the initial case management conference in this matter, and ask that the Court approve their

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stipulation:

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1. Defendants shall file motions to dismiss or other pleadings in response to
Plaintiff’s Complaint (Dkt. No. 2) on or before June 20, 2014.

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2. Plaintiff shall file briefs in opposition to any motions to dismiss filed by

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Defendants on or before July 25, 2014.
3. Defendants shall file reply briefs in support of their motions to dismiss, if any, on

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or before August 25, 2014.
4. A hearing on any motion to dismiss filed by Defendants shall be scheduled for

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September 22, 2014 at 9 a.m.
5. The initial case management conference currently scheduled for July 21, 2014 at

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9 a.m. shall be continued until October 20, 2014 at 9 a.m.
IT IS SO STIPULATED.

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DATED: June 6, 2014

KERR & WAGSTAFFE LLP

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By /s Michael von Loewenfeldt _________________
MICHAEL VON LOEWENFELDT
Attorneys for Defendants
BETTY T. YEE, GEORGE RUNNER, MICHELLE
STEEL, JEROME E. HORTON, and JOHN
CHIANG in their official capacity as members of
the California State Board of Equalization

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
LEGAL121932737.2

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DATED: June 6, 2014

MCDONALD CARANO WILSON LLP

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By /s James Bradshaw _______________________
JAMES BRADSHAW
Attorneys for Defendants
JOHN CHIANG, JEROME E. HORTON, and
MICHAEL COHEN in their official capacity as
members of the California Franchise Tax Board

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DATED: June 6, 2014

PERKINS COIE LLP

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By /s Donald Kula ___________________________
DONALD J. KULA
Attorneys for Plaintiff
GIBERT P. HYATT

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
LEGAL121932737.2

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[PROPOSED] ORDER

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Pursuant to the stipulation filed by Plaintiff Gilbert P. Hyatt (“Plaintiff”) and Defendants

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John Chiang, Jerome E. Horton, and Michael Cohen, California Franchise Tax Board Members;

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and Betty T. Yee, George Runner, Michelle Steel, Jerome E. Horton, and John Chiang,

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California State Board of Equalization Members (jointly, “Defendants”), through their counsel of

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record, and good cause appearing therefore, the Court ORDERS the following:

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1. Defendants shall file motions to dismiss or other pleadings in response to
Plaintiff’s Complaint on or before June 20, 2014.

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2. Plaintiff shall file briefs in opposition to any motion to dismiss filed by

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Defendants on or before July 25, 2014.
3. Defendants shall file reply briefs in support of their motions to dismiss, if any, on

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or before August 25, 2014.
4. A hearing on any motion to dismiss filed by Defendants shall be scheduled for

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September 22, 2014 at 9 a.m.
5. The initial case management conference currently scheduled for July 21, 2014 at

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9 a.m. shall be continued until October 24, 2014 at 9 a.m. A joint status report

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shall be filed fourteen days prior to the hearing.

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IT IS SO ORDERED.
DATED: JUNE 9, 2014

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
LEGAL121932737.2