Rocha v. Chao

Filing 44

STIPULATION AND ORDER re 43 Stipulation filed by Hilda L. Solis. Signed by Judge Marilyn Patel on 1/20/10. (wh, COURT STAFF) (Filed on 1/20/2010)

Case3:08-cv-03049-MHP Document43

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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 September 30, 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 Defendant's motion for summary judgment is due on or before January 18, 2010, and the Plaintiff's Opposition is due February 1, 2010, and the Defendant's Reply brief is due February 8, 2010 and hearing on summary judgment was scheduled for February 22, 2010; WHEREAS, pursuant to Stipulation of the parties, on January 4, 2010, the Court issued an Order for Settlement Conference to occur, if possible, prior to January 18, 2010; WHEREAS, the parties will not be able to participate in a Settlement Conference until at least April 7, 2010; ACCORDINGLY, it is hereby agreed by the parties, by and through their counsel, and respectfully requested that the summary judgment hearing be continued to April 26, 2010. The Defendant's motion for summary judgment shall be due on March 22, 2010. The Plaintiff's opposition shall be due on April 5, 2010 and the Defendant's reply brief shall be due on April 12, 2010. So Stipulated. DATED: January 19, 2010 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Melissa Brown ________________________________ MELISSA K. BROWN Assistant United States Attorney DATED: January 19, 2010 /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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: _______________ 1/20/10 IT IS SO ORDERED

[PROPOSED ] ORDER Pursuant to the stipulation of the parties, the summary judgment hearing is continued to April 26, 2010. The Defendant's motion for summary judgment shall be due on March 22, 2010. The Plaintiff's opposition shall be due on April 5, 2010 and the Defendant's reply brief shall be due on April 12, 2010.

____________________________ MARILYN H. PATEL United States District Court Judge

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

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