Miller v. Ladd

Filing 55

ORDER approving 54 Stipulation to Modify Pre-Trial Order and Remove Unredacted Documents Attached. Signed by Judge Vadas on June 11, 2010. (cmw, COURT STAFF) (Filed on 6/11/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER AND PERMITTING WITHDRAWAL OF EXHIBITS TO PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT; ORDER THEREON -1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION ALYSSA MILLER Plaintiff, vs. JUSTIN SHANE LADD, dba THE ALIBI RESTAURANT & COCKTAIL LOUNGE and DOES ONE to FIFTY INCLUSIVE, Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 08 5595 ORDER ON STIPULATION TO ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER AND PERMITTING WITHDRAWAL OF EXHIBITS TO PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT

STIPULATION 1. Paragraph 3 of the Case Management and Pretrial Order

provides that all dispositive motions shall be served and filed no less than thirty-five (35) days prior to the scheduled

hearing date which hearing shall occur not later than July 20, 2010; 2. July 20, 2010 was not available for hearing on the

Court's calendar and the closest hearing date to July 20, 2010 which was available was July 13, 2010 so defendant's motion for summary judgment was scheduled to be heard July 13, 2010.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3.

In

order

to

have

defendant's

motion

for

summary

judgment heard on July 13, 2010, it was necessary for defendant to file and serve his motion for summary judgment on June 8, 2010. 4. Defendant served and filed his motion for summary

judgment on June 8, 2010 as required. 5. Defendant subsequently discovered that he had

inadvertently failed to redact plaintiff's personal information from the exhibits to the declaration of Chris Hamer in support of the motion for summary judgment prior to filing with the court. 6. Defendant wishes to remove the Exhibits to the

Declaration of Chris Hamer and re-file the Exhibits with the personal information redacted. Defendant is unable to do so

unless the Case Management and Pretrial Order is modified to permit the motion to be heard less than thirty-five (35) days after the Exhibits are re-filed in order to preserve the July 13, 2010 hearing. 7. Defendant has re-filed such redacted exhibits on this

day, June 9, 2010, and instructed the e-file help desk of the United States District Court, Northern District of California to lock the un-redacted exhibits from public access. IT IS THEREFORE STIPULATED by and between plaintiff Alyssa Miller, by and through her attorney of record, Jason Singleton, and defendant Justin Shane Ladd, dba The Alibi Restaurant & Cocktail Lounge, by and through his attorneys of record, Stokes, Rowe, Hamer & Kaufman, LLP, by Chris Johnson Hamer, that an Order shall issue:
STIPULATION TO ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER AND PERMITTING WITHDRAWAL OF EXHIBITS TO PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT; ORDER THEREON -2

1 2 3 4 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.

Modifying

Paragraph

3

of

the

Case

Management

and

Pretrial Order concerning Motions to permit defendant's motion for summary judgment to be served and filed not less than

thirty-four (34) days before the hearing; 2. To remove the Exhibits to the Declaration of Chris

Hamer in support of the Motion for Summary Judgment filed as Exhibits 1-3 of the Declaration of Chris Hamer and Exhibits 4-8 of the Declaration of Chris Hamer, docket #52, served and filed June 8, 2010.

SO STIPULATED.

Dated:

STOKES, ROWE, HAMER & KAUFMAN, LLP

By________________________________ Chris Johnson Hamer Attorneys for Defendant Justin Shane Ladd

Dated:

SINGLETON LAW GROUP

By_________________________________ Jason K. Singleton Attorneys for Plaintiff Alyssa Miller

STIPULATION TO ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER AND PERMITTING WITHDRAWAL OF EXHIBITS TO PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT; ORDER THEREON -3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER Upon reading the above Stipulation and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The first sentence of Paragraph 3 of the Case

Management and Pretrial Order entered in this proceeding on or about January 22, 2010 shall be, and hereby is, modified to provide as follows: "3. MOTIONS

All dispositive motions shall be served and filed not less than thirty-four (34) days prior to the scheduled hearing date which hearing shall occur not later than July 20, 2010." in order to preserve the July 13, 2010 hearing date. 2. Exhibits 1-3 of the Declaration of Chris Hamer and

Exhibits 4-8 of the Declaration of Chris Hamer in Support of the Motion for Summary Judgment of Defendant Justin Shane Ladd, dba The Alibi Restaurant & Cocktail Lounge, as filed within docket #52 on June 8, 2010, be removed.

IT IS SO ORDERED. Dated: June 11, 2010 ___________________________________ Nandor J. Vadas United States Magistrate Judge

STIPULATION TO ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER AND PERMITTING WITHDRAWAL OF EXHIBITS TO PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT; ORDER THEREON -4