Curtis Sneede, et al v. Kenneth Kizer, et al

Filing 316

STIPULATION AND ORDER to Enlarge Time to Address 309 MOTION to Alter Judgment. Responses due by 9/23/2013. Replies due by 10/7/2013. Motion Hearing set for 10/21/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 08/28/2013. (tmi, COURT STAFF) (Filed on 8/29/2013)

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MARTHA JANE PERKINS, SBN 104784 National Health Law Program 101 E. Weaver St., Ste. G-7 Carrboro, N.C. 27156 Telephone: (919) 968-6308 Facsimile: (919) 968-8855 Email: perkins@healthlaw.org KIMBERLY LEWIS, SBN 144879 BYRON J. GROSS, SBN 76626 National Health Law Program 3701 Wilshire Blvd., Ste. #750 Los Angeles, C.A. 90010 Telephone: (310) 204-6010 Facsimile: (213) 368-0774 Email: lewis@healthlaw.org, gross@healthlaw.org Attorneys for the Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 89-CV-1932 (TEH) ) ) ) Plaintiffs, ) ) v. ) KATHLEEN G. SEBELIUS, Secretary of ) the United States Department of Health ) ) and Human Services, et al., ) ) Defendants. CURTIS SNEEDE, et al., SECOND STIPULATION TO ENLARGE TIME TO ADDRESS DEFENDANT SEBELIUS MOTION FOR RELIEF FROM JUDGMENT; [PROPOSED] ORDER Hearing Date: Sept. 30, 2013 Proposed Hearing Date: Oct. 21, 2013 Time: 10:00 a.m. Place: San Francisco U.S. Courthouse Judge: Hon. Thelton E. Henderson This second stipulation to enlarge time is being filed pursuant to L.R. 6-2. Defendant Sebelius filed a Notice of Motion and Motion for Relief from Judgment on July 22, 2013 (D.E. 309). 1 WHEREAS on July 31, 2013, the parties filed a Stipulation to Enlarge Time to Address WHEREAS on July 31, 2013 the Court issued an Order to enlarge time, with the Order docketed on August 1, 2013 (D.E. 312); WHEREAS under the current Order, Relief from Judgment shall be filed by August 30, 2013; any Reply by Defendant Sebelius in support of her Motion for Relief from Judgment shall be filed by September 12, 2013; and the hearing is set for September 30, 2013 ; and WHEREAS the parties are actively engaged in ongoing settlement discussions concerning the issues raised in from Judgment. THEREFORE, THE PARTIES HEREBY STIPULATE THAT the Court issue an order to enlarge time for addressing Defendant Sebelius all Responses to Defendant Sebelius and that will be filed by September 23; Defendant Sebelius will file her Reply by October 7; the new hearing date is proposed for October 21, 2013. Date: August 27, 2013 Respectfully submitted, /s/ Martha Jane Perkins_____ Martha Jane Perkins National Health Law Program 101 E. Weaver St., Ste. G-7 Carrboro, N.C. 27516 Tel.: (919) 968-6308 (x101) Fax: (919) 968-8855 Email: perkins@healthlaw.org /s/ Hadara Stanton Hadara Stanton Deputy Attorney General California Department of Justice Office of the Attorney General 455 Golden Gate Ave., Ste. 11000 2 San Francisco, C.A. 94102-7004 Tel.: (415) 703-5561 Fax: (415) 703-5480 Email: Hadara.Stanton@doj.ca.gov /s/ Justin M. Sandberg Justin M. Sandberg Trial Attorney United State Department of Justice Civil Division, Federal Programs Branch 20 Mass. Ave., N.W., Room7302 Washington, D.C. 20001 Tel.: (202) 514-5838 Fax: (202) 616-8202 Email: Justin.Sandberg@usdoj.gov [PROPOSED] ORDER PURSUANT TO STIPULATION OF THE PARTIES ABOVE, and good cause appearing, the Court hereby issues an order to enlarge time to address Defendant Sebelius Motion for Relief from Judgment such that all Relief from Judgment shall be filed by September 23, 2013; any Reply by Defendant Sebelius in support of her Motion for Relief from Judgment shall be filed by October 7, 2013; the hearing will be set for October 21, 2013. S UNIT ED n FO NO nderso n E. He e Thelto g H LI RT Jud ER 3 R NIA _______________________________ Judge Thelton E. Henderson United States District Judge A 28 August __, 2013 RT U O IT IS SO ORDERED. S DISTRICT TE C TA N F D IS T IC T O R C

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