Rocha v. Chao

Filing 38

STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES: Motions to be filed by 1/18/2010; Oppositions to be filed by 2/1/2010; Replies to be filed by 2/8/2010; Motion Hearing set for 2/22/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/30/2009. (awb, COURT STAFF) (Filed on 9/30/2009)

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division ANDREW Y.S. CHENG (CSBN 164613) Assistant United States Attorney MELISSA K. BROWN (CSBN 203307) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Attorneys for Federal Defendant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ALBERTO ROCHA, Ph.D. ) ) Plaintiff, ) ) v. ) ) HILDA L. SOLIS, Secretary, Department of ) Labor, ) ) Defendant. ) ) ) No. 08-3049 MHP STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT HEARING DATE AND RELATED BRIEFING SCHEDULE

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The plaintiff, Alberto Rocha ("Plaintiff) and the defendant Hilda Solis, Secretary of Department of Labor ("Defendant") by and through their counsel assert as follows: WHEREAS, on August 6, 2009, the Honorable Marilyn H. Patel issued an Order pursuant to the parties' Stipulation To Continue Hearing and Discovery Deadlines ("Order"); WHEREAS, pursuant to the Order the summary judgment hearing date was continued to December 14, 2009; WHEREAS, Assistant United States Attorney Andrew Y.S. Cheng left the United States Attorney's Office to become a Superior Court Judge on September 16, 2009; WHEREAS, upon Mr. Cheng's departure, the undersigned Assistant United States Attorney Melissa K. Brown, became lead counsel for this case; WHEREAS, the undersigned Assistant United States Attorney must review a voluminous amount of materials in this case prior to filing a motion for summary judgment and balance her existing caseload and trial schedule; ACCORDINGLY, it is hereby agreed by the parties, by and through their counsel, that the summary judgment hearing be continued to February 22, 2010. The Defendant's motion for summary judgment shall be due on January 18, 2010. The Plaintiff's opposition shall be due on February 1, 2010 and the Defendant's reply brief shall be due on February 8, 2010. So Stipulated. DATED: September 29, 2009 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Melissa Brown ________________________________ MELISSA K. BROWN Assistant United States Attorney DATED: September 29, 2009 /s/ Howard Moore JR. ________________________________ HOWARD MOORE, JR. Attorney for the Plaintiff Alberto Rocha

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE SUMMARY JUDGMENT HEARING AND RELATED BRIEFING SCHEDULE - C08-3049 MHP

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1 2 3 4 5 6 7 8 9 Dated: _______________ 9/30/2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED

[PROPOSED ] ORDER Pursuant to the stipulation of the parties, the summary judgment hearing is continued to February 22, 2010. The Defendant's motion for summary judgment shall be due on January 18, 2010. The Plaintiff's opposition shall be due on February 1, 2010 and the Defendant's reply brief shall be due on February 8, 2010.

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