Chattler -v- United States of America

Filing 119

ORDER EXTENDING TIME TO RESPOND TO PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; ORDER CONTINUING HEARING ON MOTIONS. The deadline for filing oppositions is extended from February 13, 2009 to February 20, 2009. The deadline for filing replies is extended from February 20, 2009 to February 27, 2009. The hearing on the motions for summary judgment is extended from March 6, 2009 to March 13, 2009. Signed by Judge Maxine M. Chesney on February 9, 2009. (mmclc1, COURT STAFF) (Filed on 2/9/2009)

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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 SHANA E. SCARLETT (217895) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 shanas@hbsslaw.com ROBERT B. CAREY (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 2425 East Camelback Road, Suite 650 Phoenix, AZ 85016 Telephone: (602) 840-5900 Facsimile: (602) 840-3012 rob.carey@att.net STEVE W. BERMAN (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com Attorneys for Plaintiff [Additional counsel listed on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JULIE CHATTLER, On Behalf of Herself and All Others Similarly Situated, Plaintiff, v. THE UNITED STATES OF AMERICA and THE UNITED STATES DEPARTMENT OF STATE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 07-cv-04040 MMC (EMC) STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ; ORDER CONTINUING HEARING ON MOTIONS ACTION FILED: August 7, 2007 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 WHEREAS Plaintiff Julia Chattler filed her partial motion for summary judgment on January 30, 2009, and Defendants United States of America and the United States Department of State filed their motion for summary judgment on January 30, 2009; WHEREAS Plaintiff's and Defendants' respective oppositions to the motions for summary judgment are due on February 13, 2009; WHEREAS Plaintiff's and Defendants' respective replies to the motions for summary judgment are due on February 20, 2009; WHEREAS the hearing on the respective motions for summary judgment is set for Friday, March 6, 2009 at 9:00 a.m.; WHEREAS Plaintiff requests this extension because it is Plaintiff's position that the motions for summary judgment raise a host of complex legal and factual issues, including the application of the doctrine of prudential exhaustion, Defendants' interpretation of relevant regulations and Defendants' liability for refunds to class members, and that the briefings in opposition and in reply will require detailed legal analysis and the use of voluminous evidence; WHEREAS the current briefing schedule will not allow Plaintiff sufficient time to address adequately the factual and legal issues involved; WHEREAS pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6.1(b) and 6.2, and subject to approval by the Court, the parties stipulate to a one-week enlargement of time on the briefing as described below; WHEREAS the only previous time modifications to the schedule in this case have been, by stipulation and Court order, the re-scheduling of the Initial Case Management Conference from December 7, 2007 to January 18, 2008 at 2:00 p.m.; by Court order, continuing the Initial Case Management Conference from February 15, 2008 to April 11, 2008; and by stipulation and Court order, the shortening of time in the briefing on Plaintiff's Motion to Strike to be heard concurrently with Defendant's motion to dismiss on March 14, 2008 at 9:00 a.m.; WHEREAS this stipulation and order enlarging time will delay the Court's hearing on the motions for summary judgment only by one week, and will have no other impact on the schedule for this case; STIP. [PROP.] ORD. EXTENDING TIME RESP. TO MOTS. SUMMARY J. NO. C 07-04040 MMC (EMC) -1- 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 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and counsel for Defendants, subject to the approval of the Court that: 1. The deadline for the oppositions to Plaintiff's motion for partial summary judgment and Defendants' motion for summary judgment is extended one week from February 13, 2009, to February 20, 2009; 2. The deadline for the replies to Plaintiff's motion for partial summary judgment and Defendants' motion for summary judgment is extended one week from February 20, 2009, to February 27, 2009; and 3, The hearing on the Motions for Summary Judgment is extended one week from March 6, 2009, at 9:00 a.m. to March 13, 2009, at 9:00 a.m. DATED: February 6, 2009 HAGENS BERMAN SOBOL SHAPIRO LLP /s/ Shana E. Scarlett SHANA E. SCARLETT 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 Robert B. Carey (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 2425 East Camelback Road, Suite 650 Phoenix, AZ 85016 Telephone: (602) 840-5900 Facsimile: (602) 840-3012 Steve Berman (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 Megan E. Waples (Pro Hac Vice) THE CAREY LAW FIRM 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 STIP. [PROP.] ORD. EXTENDING TIME RESP. TO MOTS. SUMM. J. NO. C 07-04040 MMC (EMC) -2- 1 2 Telephone: (719) 635-0377 Facsimile: (719) 635-2920 Attorneys for Plaintiff 3 DATED: February 6, 2009 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 STIP. [PROP.] ORD. EXTENDING TIME RESP. TO MOTS. SUMM. J. NO. C 07-04040 MMC (EMC) MICHAEL F. HERTZ Acting Assistant Attorney General Civil Division JOSEPH P. RUSSONIELLO United States Attorney Northern District of California VINCENT M.GARVEY Deputy Branch Director Federal Programs Branch /s/ Jacqueline Coleman-Snead JACQUELINE COLEMAN SNEAD (D.C. Bar No. 459548) Trial Attorney Federal Programs Branch, Civil Division U.S. Department of Justice 20 Massachusetts Avenue, N.W. Rm. 7214 Washington, DC 20530 Tel: (202) 514-3418 Attorneys for Defendants I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT. In compliance with General Order 45, X.B., I hereby attest that Jacqueline Coleman Snead has concurred in this filing. * * * ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: February 9, 2009 THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE -3-

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