Doe et al v. Hagee et al

Filing 51

STIPULATION AND ORDER amending briefing schedule: Motion to be filed by 6/15/07; Oppositions to be filed by 7/2/07; Replies by 7/9/07; Motion Hearing set for 7/23/2007 02:00 PM; Signed by Judge Marilyn Hall Patel on 5/23/2007. (awb, COURT-STAFF) (Filed on 5/24/2007)

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Doe et al v. Hagee et al Doc. 51 Case 3:06-cv-01777-MHP Document 51 Filed 05/24/2007 Page 1 of 2 1 2 3 4 5 6 7 SCOTT N. SCHOOLS (SCBN 9990) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division OWEN P. MARTIKAN (SBN 177104) Assistant United States Attorney 450 Golden Gate Avenue,9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7241 Facsimile: (415) 436-6748 Email: owen.martikan@usdoj.gov Attorneys for Federal Defendants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties stipulate and respectfully request the Court to continue the dispositive motion briefing and hearing dates by two weeks, and to allow plaintiffs to take two depositions ­ of Special Agent Kevin Toevs and Major Doug Alexander ­ after the fact discovery cutoff, if they choose to. The reasons for defendants' request to change the dispositive motion schedule are (1) defendants' counsel has just been assigned to a trial beginning on July 9, which is the current dispositive motion hearing date; (2) the parties have a settlement conference set for next Wednesday, which could render further proceedings moot; and (3) the deposition of one plaintiff JANE DOE and MARY ROE, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiffs, ) ) v. ) ) GENERAL MICHAEL W. HAGEE, ) Commandant of the U.S. Marine Corps, ) THE U.S. MARINE CORPS, DONALD C. ) WINTER, Secretary of the Navy, THE U.S. ) NAVY, BRIAN FUKUSHIMA, JOSEPH ) DUNZWEILER, and DOES 1-10, ) ) Defendants. ) ) No. C 06-01777 MHP E-FILING CASE STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF DISPOSITIVE MOTION DATES AND SOME DISCOVERY MATTERS Dockets.Justia.com Case 3:06-cv-01777-MHP Document 51 Filed 05/24/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 will not take place until the day before or after the settlement conference, which means that the deposition transcript would not be available for the motion. The reason for plaintiffs' request to take two depositions after the fact discovery cut-off is that both depositions require travel to the Washington, D.C. area, and the expense and time that these depositions will cost might be saved if the settlement conference is successful. So stipulated and respectfully submitted, For the Federal Defendants. SCOTT N. SCHOOLS United States Attorney / s/ Dated: May 21, 2007 OWEN P. MARTIKAN Assistant United States Attorney For the Plaintiffs. 11 12 13 14 15 Dated: 16 17 18 19 20 21 22 23 24 25 26 27 28 May 21, 2007 / s/ _ MICHAEL S. SORGEN Attorneys for Plaintiffs [PROPOSED] ORDER Pursuant to stipulation and for good cause shown, dispositive motions shall be filed by June 15, 2007, oppositions shall be filed by July 2, 2007, replies shall be filed by July 9, 2007, and the hearing shall take place on July 23, 2007 at 2:00pm. The depositions of Special Agent Kevin Toevs and Major Doug Alexander may take place after the fact discovery cutoff. at a date set by the court at the July 23, 2007 hearing. SO ORDERED. Dated: May 23, 2007 UNIT ED STIP TO M O V E MOTION DATES AND SOME DISCOVERY & [PROPOSED] ORDER 2 C 06-01777 MHP E RN D IS T IC T R OF A C LI FO arilyn Judge M l H. Pate R NIA _____________ORDERED ________ ___________ HON.T IS SO MARILYN H. PATEL I UNITED STATES DISTRICT JUDGE S S DISTRICT TE C TA RT U O NO RT H

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