Gray et al v. Golden Gate National Recreational Area et al

Filing 181

STIPULATION AND ORDER TO EXTEND DEADLINES FOR REMAINING SUMMARY JUDGMENT BRIEFS AS MODIFIED. Cross Motions due by 9/21/2012. Responses to Pltf's MSJ due by 9/21/2012. Replies due to Pltf's MSJ by 10/19/2012. Motion Hearing set for 12/17/2012 10:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 9/6/2012. (kns, COURT STAFF) (Filed on 9/7/2012)

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LAURENCE PARADIS (CA BAR NO. 122336)
RONALD ELSBERRY (CA BAR NO. 130880)
STUART SEABORN (CA BAR NO. 198590)
CHRISTINE CHUANG (CA BAR NO. 257214)
Disability Rights Advocates
2001 Center Street, Third Floor
Berkeley, California 94704-1204
Telephone: [phone]
Facsimile: [phone]
TTY: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
STUART F. DELERY
Acting Assistant Attorney General
STUART A. LICHT
Assistant Director, Federal Programs Branch
United States Department of Justice, Civil Division
JESSE Z. GRAUMAN (VA BAR NO. 76782)
LEAH J. BRESSACK (MA BAR NO. 681355)
BONNIE J. PROBER (NY BAR NO. 4216461)
BRIAN G. KENNEDY (DC BAR NO. 228726)
JONATHAN G. COOPER (DC BAR NO. 999764)
JOHN K. THEIS (IL BAR NO. 6287528)
Trial attorneys, United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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LORI GRAY, et al.,

Case No. 3:08cv00722 (EDL)
Plaintiffs,

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v.
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GOLDEN GATE NATIONAL
RECREATION AREA, et al.,
Defendants.

STIPULATION AND REQUEST TO
EXTEND DEADLINES FOR REMAINING
SUMMARY JUDGMENT BRIEFS
AS MODIFIED

Pursuant to Local Civil Rule 6-2, the parties stipulate to seek an extension of ten (10)

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days, until and including September 21, 2012, for Defendants to file their combined opposition
cross-motion for summary judgment, and

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corresponding extensions to the remaining two briefing deadlines. This stipulation is

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accompanied by a proposed order and by the Declaration of Jesse Z. Grauman (

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Decl.

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information required by Local Civil Rule 6-2(a).

rauman

extensions and provides the other

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On April 5, 2012, the Court ordered that dispositive motions be served and filed by

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August 14, 2012, that an opposition and a cross-motion for summary judgment be filed by

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September 11, 2012, that a combined cross-opposition and reply be filed on October 9, 2012, and

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that a reply to the cross-motion be filed on November 6, 2012. (ECF No. 138 at 3.)1 On August

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14, 2012, Plaintiffs moved for summary judgment. (ECF No. 171.)
The parties stipulate to request an extension of ten days for Defendants to file their

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combined opposition and cross-motion, until and including September 21, 2012, and

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corresponding ten-day extensions to the remaining two briefing deadlines. The grounds for the

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stipulated request are that unanticipated impediments to the completion of the briefs and

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supporting declarations recently have arisen for two of Defendants

and one of

experts. Bonnie Prober, lead counsel for Defendants, is expecting a child on

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September 27, 2012, and, due to complications related to her pregnancy and physician-ordered

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restrictions, unexpectedly has been required to miss significant periods of work. Grauman Decl.

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¶ 5. Additionally, over the Labor Day weekend,

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away. Id. ¶ 7. Mr. Kennedy, who will be serving

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will be traveling to Pittsburgh, Pennsylvania for the funeral, and will be unable to work on this

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matter for a minimum of two days this week. Id. ¶¶ 6-7. In addition, Kim Blackseth,

family passed

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agreed that Plaintiffs would file their motion on August 14 and their combined opposition and reply on October 9,
and that Defendants would file their combined opposition and cross-motion on September 11 and their reply on
November 6. The Court later clarified this sequence on July 24, 2012. (ECF No. 167.)

Gray v. Golden Gate National Recreational Area, Case No. 3:08cv00722 (EDL)
STIPULATION AND REQUEST TO EXTEND DEADLINES FOR REMAINING
SUMMARY JUDGMENT BRIEFS

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access expert, has been hospitalized for an extended period and has therefore been

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unavailable to assist in the preparation of papers in accordance with the current schedule.2 Id.

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¶ 8. Finally, Defendants are requesting ten (10) days, rather than a shorter period of time, due to

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the religious holiday of Rosh Hashanah, which will take place on September 17-18; four of
expect to be out of the office for either or both of those days due to their

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observance of the holiday. Id. ¶ 10 & n.1.3
For the above reasons, the parties stipulate to request an extension for Defendants to file

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their opposition and cross-motion from September 11, 2012 until September 21, 2012. To

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accommodate the remaining deadlines for the completion of summary judgment briefing, the

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parties stipulate to request

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currently October 9, 2012, be extended to October 19, 2012, and that the deadline for
ntly November 6, 2012, be extended to November 16, 2012. The

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parties do not seek to modify the date for the hearing

, which is currently

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scheduled for December 4, 2012, unless of course the Court wishes to extend that hearing date in

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light of the modified briefing schedule.

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This stipulation is made in good faith and not for the purpose of delay, and is not

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expected materially to affect the litigation schedule or the disposition, by way of motion or trial,

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of this action. Thus, the undersigned parties, by and through their counsel of record, hereby

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respectfully request that the Court enter the Proposed Order submitted herewith.

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IT IS SO STIPULATED.

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DATED: September 5, 2012

DEPARTMENT OF JUSTICE

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/S/ Jesse Z. Grauman
Jesse Z. Grauman

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ut of the office for trial in another matter,
Deron Sch. of N.J. v. USDA, No. 09-3477 (D.N.J.), beginning on September 10, 2012. Grauman Decl. ¶ 9.
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These attorneys will also be observing the holiday of Yom Kippur on September 26, 2012; however, because this
date is beyond the period of time that is the subject of the instant motion, Defendants do not foresee any scheduling
complications related to this holiday.

Gray v. Golden Gate National Recreational Area, Case No. 3:08cv00722 (EDL)
STIPULATION AND REQUEST TO EXTEND DEADLINES FOR REMAINING
SUMMARY JUDGMENT BRIEFS

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Attorney for Defendants

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DATED: September 5, 2012

DISABILITY RIGHTS ADVOCATES

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/S/ Ronald Ellsberry
Ronald Elsberry
Attorney for Plaintiffs

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
conformed signature (/S/) within this e-filed document.

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Gray v. Golden Gate National Recreational Area, Case No. 3:08cv00722 (EDL)
STIPULATION AND REQUEST TO EXTEND DEADLINES FOR REMAINING
SUMMARY JUDGMENT BRIEFS

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(Proposed) ORDER

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Upon the stipulation of the parties and for good cause shown, the Court ORDERS that the
deadlines for the parties remaining summary judgment briefs be extended as follows:
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judgment and cross-motion for summary judgment by Friday, September 21, 2012;
2) Plaintiffs will file their combined reply and cross-opposition by Friday, October 19,

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2012; and

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3) Defendants will file their reply by November 16, 2012.
4) Hearing on the motions shall be continued to December 17, 2012, at 10:00 a.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September _____, 2012

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___________________________________
IT IS S
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ELIZABETH D. ODI
S M LAPORTE
A
United States Magistrate Judge
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Elizabet
Judge
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Gray v. Golden Gate National Recreational Area, Case No. 3:08cv00722 (EDL)
STIPULATION AND REQUEST TO EXTEND DEADLINES FOR REMAINING
SUMMARY JUDGMENT BRIEFS

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