Hyatt v. Chiang et al

Filing 21

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 7/21/2014 ORDERING 20 Plaintiff shall file briefs in opposition to the two motions 15 and 17 due by 8/25/2014; Defendants reply briefs in support of their motions due by 10/3/2014 ; A hearing on the motions shall be scheduled for 11/3/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; the Initial case management conference is Reset for 1/26/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.(Reader, L)

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Donald J. Kula, Bar No. 144342
[e-mail]
Oliver M. Gold, Bar No. 279033
[e-mail]
PERKINS COIE LLP
1888 Century Park E., Suite 1700
Los Angeles, CA 90067-1721
Telephone: [phone]
Facsimile: 310.788.3399

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Malcolm S. Segal (75481)
SEGAL & ASSOCIATES, PC
400 Capitol Mall, Suite 2550
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for Plaintiff GILBERT HYATT

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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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[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,

Case No. 2:14-cv-00849 GEB-DAD

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Plaintiff,

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v.

STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
AND HEARING SCHEDULE FOR
DEFENDANTS’ MOTIONS TO
DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE

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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,

Hon. Garland E. Burrell, Jr.

Defendants.
LEGAL122789163.3

STIPULATION AND [PROPOSED] ORDER

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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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LEGAL122789163.3

STIPULATION AND [PROPOSED] ORDER

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

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

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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

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their counsel of record, previously stipulated to a briefing schedule and hearing date

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on Defendants’ respective Rule 12(b) Motions to Dismiss (Dkt. ## 15 and 17) (the

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“Motions”), as well as to reset the initial case management conference, and the

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Court approved that stipulation (Dkt. # 14).

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The parties hereby stipulate to the following modified briefing schedule and

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hearing date for Defendants’ respective Motions as well as the initial case

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

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stipulation:

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1. Plaintiff shall file briefs in opposition to the two Motions on or before

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August 25, 2014. Plaintiff may file a consolidated opposition brief of

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up to 50 pages in length instead of two separate opposition briefs of

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25 pages each in response to the two Motions.

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2. Defendants shall file reply briefs in support of their motions to

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dismiss, if any, on or before October 3, 2014, and will file separate

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replies in regard to their respective Motions.

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3. A hearing on the Motions shall be scheduled for November 3, 2014 at

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9 a.m.
4. The initial case management conference currently scheduled for

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October 20, 2014 at 9 a.m. shall be continued until December 8, 2014

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at 9 a.m.

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IT IS SO STIPULATED.

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LEGAL122789163.3

[1]

STIPULATION AND [PROPOSED] ORDER

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DATED: July 18, 2014

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KERR & WAGSTAFFE LLP
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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DATED: July 18, 2014

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MCDONALD CARANO WILSON LLP
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: July 18, 2014

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PERKINS COIE LLP
By /s Donald J. Kula
DONALD J. KULA
Attorneys for Plaintiff
GILBERT P. HYATT

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LEGAL122789163.3

[2]

STIPULATION AND [PROPOSED] ORDER

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[PROPOSED] ORDER
Pursuant to the stipulation filed by Plaintiff Gilbert P. Hyatt (“Plaintiff”) and

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Defendants John Chiang, Jerome E. Horton, and Michael Cohen, California

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Franchise Tax Board Members; and Betty T. Yee, George Runner, Michelle Steel,

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Jerome E. Horton, and John Chiang, California State Board of Equalization

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Members (jointly, “Defendants”), through their counsel of record, and good cause

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appearing therefore, the Court ORDERS the following:

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1. Plaintiff shall file briefs in opposition to the two Motions on or before

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August 25, 2014. Plaintiff may file a consolidated opposition brief of

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up to 50 pages in length instead of two separate opposition briefs of

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25 pages each in response to the two Motions.

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2. Defendants shall file reply briefs in support of their motions to

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dismiss, if any, on or before October 3, 2014, and will file separate

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replies in regard to their respective Motions.

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3. A hearing on the Motions shall be scheduled for November 3, 2014 at

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9 a.m.
4. The initial case management conference currently scheduled for

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October 20, 2014 at 9 a.m. shall be continued until January 26, 2015,

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at 9 a.m.

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IT IS SO ORDERED.
DATED: JULY 21, 2014

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LEGAL122789163.3

[3]

STIPULATION AND [PROPOSED] ORDER