Russell et al v. United States of America et al

Filing 44

STIPULATION AND ORDER to continue summary judgment briefing and hearing date. Signed by Judge Thelton E. Henderson on 02/16/10. (rbe, COURT STAFF) (Filed on 2/17/2010)

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JOSEPH RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney VICTORIA R. CARRADERO (CSBN 217885) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendant

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT BRIEFING AND HEARING DATE 1 SASKIA RUSSELL, ET AL., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) ) Defendant. ) ) ) ) ___________________________________) Case No. C 08-5651 THE (EMC) STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT BRIEFING AND HEARING DATE

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Plaintiffs Saskia Russell, et al., and Defendant United States of America, by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, the settlement conference in this matter is currently set for February 22, 2010, the same day that summary judgment is currently due (with a hearing date currently scheduled for March 29, 2010). WHEREAS, Plaintiffs have requested to take the deposition of non-party Kevin Sheehan and believe this deposition is necessary to fully evaluate the case. The parties are informed and believe Mr. Sheehan is presently in Haiti assisting earthquake victims. WHEREAS the parties have stipulated and the court has ordered that Mr. Sheehan's deposition may occur on a date mutually agreeable to Mr. Sheehan and counsel. The parties expect this deposition to take place in late February or early March 2010. WHEREAS the parties agree to a short continuance of the summary judgment briefing and hearing dates to accommodate the February 22, 2010 settlement conference and the upcoming deposition of Mr. Sheehan. Accordingly, the parties hereby stipulate that the deadline to file summary judgment is continued from February 22, 2010 to March 8, 2010 and the hearing date on summary judgment is continued from March 29, 2010 to April 12, 2010. IT IS SO STIPULATED.

19 DATED: February 16, 2010 20 21 22 23 DATED: February 16, 2010 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT BRIEFING AND HEARING DATE 2 __________/s/______________ Victoria R. Carradero Assistant United States Attorney Attorneys for Federal Defendant JOSEPH RUSSONIELLO United States Attorney __________/s/______________ Clayton W. Kent Attorneys for Plaintiffs BRAYTON PURCELL, LLP

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PURSUANT TO STIPULATION IT IS SO ORDERED. The deadline to file summary judgment is hereby continued from February 22, 2010 to March 8, 2010. The hearing date on summary judgment is hereby continued from March 29, 2010 to April 12, 2010. DATED: 02/16/10

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S DISTRICT TE C _ TA_________________________

The Honorable Thelton E. Henderson United States District Judge

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