Brady et al v. Deloitte & Touche LLP et al

Filing 140

ORDER SETTING CMC 7/2/10 @ 3 P.M. (tf, COURT STAFF) (Filed on 5/19/2010)

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MARKUN ZUSMAN & COMPTON LLP JEFFREY K. COMPTON, State Bar No. 142969 DARIA DUB CARLSON, State Bar No. 150628 WILLIAM A. BAIRD, State Bar No. 192675 17383 Sunset Boulevard, Suite A380 Pacific Palisades, California 90272 Telephone: [phone] Facsimile: [phone] LAW OFFICE OF STEVEN ELSTER STEVEN ELSTER, State Bar No. 227545 785/E2 Oak Grove Road, #201 Concord, CA 94518-3617 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs, JAMES BRADY, SARAH CAVANAGH AND IVA CHIU MORRISON & FOERSTER LLP LINDA E. SHOSTAK, State Bar No. 64599 JAMES E. BODDY, JR., State Bar No. 65244 MARY FERRER HANSBURY, State Bar No. 191121 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, DELOITTE & TOUCHE LLP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES BRADY, SARAH CAVANAGH, and IVA CHIU, individually and on behalf of all others similarly situated, Plaintiffs, vs. DELOITTE & TOUCHE LLP, a limited liability partnership; and DOES 1-10, inclusive, Defendants
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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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CASE NO.: C-08-00177 SI STIPULATION AND [PROPOSED] ORDER RE: CLARIFYING SCHEDULE FOR DISPOSTIVE MOTIONS AND SETTING STATUS CONFERENCE

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STIPULATION Pursuant to Local Rules 16 and 7-12, Plaintiffs and Defendant, through their respective counsel, submit the following stipulation and [proposed] order regarding the previously scheduled dates for dispositive motions. WHEREAS, at the status conference on April 2, 2010, the Court advised the parties that either party could file a dispositive motion as soon as such motion was ready to be filed and that if a motion was filed on or before May 14, 2010 it could be heard on July 2, 2010, which scheduling would allow for cross-motions to be briefed; WHEREAS, the Court further advised the parties that that if no dispositive motion is filed by May 14, 2010, the presently set July 2, 2010 hearing date would proceed as a further status conference only if the parties felt a further status conference would be appropriate; WHEREAS, on April 7, 2010 an order was issued by the Court setting a hearing date for dispositive motions of July 2, 2010 and a filing date for dispositive motions of May 14, 2010 ; WHEREAS, the parties and Court did not discuss or intend the dispositive motion filing date of May 14, 2010 to be construed as the definitive and final deadline for filing and hearing dispositive motions in this action as the parties informed the Court that further discovery may be necessary prior to the filing of such motions; WHEREAS, Defendant has discovery outstanding and the parties did not file dispositive motions on May 14, 2010 but still intend to do so at a later date; WHEREAS, the parties have agreed to a briefing schedule that will apply when dispositive motions are filed; WHEREAS, the parties agree that it is prudent to clarify any ambiguity about when dispositive motions can be filed; NOW THEREFORE, the parties hereby stipulate, as follows:
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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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The previously scheduled July 2, 2010 hearing date for dispositive

motions shall instead proceed as a further status conference; 2. date; 3. If either party files a motion for summary judgment or partial summary The parties are not precluded from filing dispositive motions at a later

judgment, the party will notice the hearing on the motion for not less than 49 days from the date of filing in order for the following sequential briefing schedule to occur: Opposition to motion and cross motion, if any, both due 35 days before hearing; opposition to cross-motion and reply on motion due 21 days before hearing; reply on cross-motion due 14 days before the hearing.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. COUNSEL FOR PLAINTIFFS

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DATE: May 14, 2010
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By: _/s/ William A. Baird______ WILLIAM A. BAIRD JEFFREY K. COMPTON Markun Zusman & Compton LLP STEVE ELSTER Law Office of Steve Elster COUNSEL FOR DEFENDANTS

DATE: May 14, 2010

By: __/s/ Mary Ferrer Hansbury____ LINDA E. SHOSTACK JAMES E. BODDY, JR. MARY FERRER HANSBURY Morrison & Foerster LLP

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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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ECF CERTIFICATION I hereby attest that I have obtained concurrence regarding the filing of this document from each of the signatories within the e-filed document. By: _/s/ William A. Baird______ William A. Baird

DATE: May 14, 2010

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

DATED: ________________

____________________________ Honorable Susan Illston United States District Court Judge

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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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ECF CERTIFICATION I hereby attest that I have obtained concurrence regarding the filing of this document from each of the signatories within the e-filed document. By: _/s/ William A. Baird______ William A. Baird

DATE: May 14, 2010

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

DATED: ________________

____________________________ Honorable Susan Illston United States District Court Judge

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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI