Plata et al v. Schwarzenegger et al

Filing 1751

ORDER by Judge Thelton E. Henderson granting in part 1740 Application to shorten time on Defendants' motion to stay. Receiver's opposition to the motion to stay is due on or before 11/05/08 at 5:00 PM. Oral argument on the motion to stay will be heard on 11/07/08 at 10:00 AM. (tehlc3, COURT STAFF) (Filed on 11/3/2008)

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1 2 3 4 5 6 7 8 9 10 v. ARNOLD SCHWARZENEGGER, et al., Defendants. MARCIANO PLATA, et al., Plaintiffs, NO. C01-1351 TEH ORDER GRANTING IN PART APPLICATION TO SHORTEN TIME ON DEFENDANTS' MOTION TO STAY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 On October 27, 2008, this Court entered an order requiring Defendants to transfer 15 $250 million to the Receiver by November 5, 2008. Defendants filed a motion for stay of 16 that order at approximately 3:30 PM on Friday, October 31, 2008, and asked that the Court 17 shorten time on the motion and set the matter for hearing today at 10:00 AM. The Receiver 18 filed an opposition to Defendants' application to shorten time earlier this morning. 19 Having carefully considered all of the relevant papers and arguments, the Court 20 concludes that it would be appropriate to shorten time on Defendants' motion to stay but that 21 the Receiver is entitled to more than three business hours to prepare for a hearing on 22 Defendants' motion. Accordingly, IT IS HEREBY ORDERED that: 23 1. The Receiver shall have until November 5, 2008, at 5:00 PM, to file an opposition 24 to Defendants' motion to stay. 25 26 2. Oral argument will be heard on November 7, 2008, at 10:00 AM. 3. The Court's October 27, 2008 order is modified so that Defendants shall have until 27 November 7, 2008 to comply. Defendants shall be prepared to transfer $250 million to the 28 Receiver on that date unless the Court grants Defendants' motion to stay. If Defendants fail 1 to transfer the required funds and the Court does not grant Defendants' motion to stay, then 2 the show cause hearing shall continue to proceed on November 12, 2008, at 9:00 AM. 3 4 IT IS SO ORDERED. 5 6 Dated: 11/03/08 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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