Enyart v. National Conference of Bar Examiners, Inc. et al

Filing 191

ORDER modify briefing schedule re 189 Stipulation, filed by Stephanie Enyart re 169 MOTION for Attorney Fees. Responses due by 1/6/2012. Replies due by 1/20/2012. Motion Hearing set for 2/10/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 12/9/2011. (beS, COURT STAFF) (Filed on 12/9/2011)

Case3:09-cv-05191-CRB Document189

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DISABILITY RIGHTS ADVOCATES
2001 CENTER STREET, THIRD FLOOR
BERKELEY, CALIFORNIA 94704-1204
[phone]

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Filed12/07/11 Page1 of 5

LAURENCE W. PARADIS (CA Bar No. 122336)
ANNA LEVINE (CA Bar No. 227881)
DISABILITY RIGHTS ADVOCATES
2001 Center Street, Fourth Floor
Berkeley, CA 94704
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
SCOTT C. LABARRE (pro hac vice)
LABARRE LAW OFFICES, P.C.
1660 S. Albion Street, Suite 918
Denver, CO 80222
Telephone: [phone]
Fax:
[phone]
[e-mail]
DANIEL F. GOLDSTEIN (pro hac vice)
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
Telephone: [phone]
Fax:
[phone]
[e-mail]
Attorneys for Plaintiff
GREGORY C. TENHOFF (154553)([e-mail])
WENDY J. BRENNER (198608) ([e-mail])
LAURA A. TERLOUW (260708) ([e-mail])
COOLEY LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone: [phone]
Facsimile:
[phone]

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ROBERT A. BURGOYNE (pro hac vice)
FULBRIGHT & JAWORSKI L.L.P.
801 Pennsylvania Avenue, N.W., Suite 500
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]
([e-mail])

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Attorneys for Defendant National Conference of Bar Examiners

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Case3:09-cv-05191-CRB Document189

Filed12/07/11 Page2 of 5

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHANIE ENYART

Case No.: C09-05191 CRB

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Plaintiff,
v.
NATIONAL CONFERENCE OF BAR
EXAMINERS, INC.,

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DISABILITY RIGHTS ADVOCATES
2001 CENTER STREET, THIRD FLOOR
BERKELEY, CALIFORNIA 94704-1204
[phone]

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Defendant.

STIPULATED REQUEST TO: 1) MODIFY
BRIEFING AND HEARING SCHEDULE
FOR PLAINTIFF’S MOTION FOR
REASONABLE ATTORNEYS’ FEES
AND COSTS; AND 2) ENLARGE TIME
FOR COMPLETING FILING OF
PLAINTIFF’S MOTION FOR FEES AND
COSTS AND BILL OF COSTS
HONORABLE CHARLES R. BRYER

Case3:09-cv-05191-CRB Document189

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I.

Filed12/07/11 Page3 of 5

Action Requested
Pursuant to Civil L.R. 6-2 and Civil L.R. 7-12, plaintiff Stephanie Enyart and

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defendant National Conference of Bar Examiners (“NCBE”) (hereinafter, “the parties”),

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jointly stipulate and request an order: 1) modifying the briefing and hearing schedule on

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Plaintiff’s Motion for Fees and Costs; and 2) enlarging, by one day, the time for Plaintiff

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to complete her filing of her Motion for Attorneys Fees and Costs and Bill of Costs.

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II.

Stipulation Regarding Requested Action

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IT IS HEREBY STIPULATED between and among the parties, by and through

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their respective counsel of record, subject to the approval of the Court, which plaintiff

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and defendant jointly request, as follows:
WHEREAS, on November 4, 2011, this Court entered final judgment for Plaintiff;

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DISABILITY RIGHTS ADVOCATES
2001 CENTER STREET, THIRD FLOOR
BERKELEY, CALIFORNIA 94704-1204
[phone]

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WHEREAS, Plaintiff was required to file her Motion for Attorneys’ Fees and

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Costs and Bill of Costs on December 5, 2011, but due to technical difficulties, Plaintiff

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did not complete her filing until after midnight on December 5, 2011;

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WHEREAS, Plaintiff’s filings included certain errors that Plaintiff wishes to
correct;
WHEREAS, the parties have agreed to extend the time for Plaintiff to complete

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the filing of Plaintiff’s Motion for Fees and Costs and Plaintiff’s Bill of Costs to December

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6, 2011;

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WHEREAS, Plaintiff wishes to file the amended documents listed below to
correct errors found in the original filings.
WHEREAS, under the current briefing schedule, Defendant’s opposition to

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Plaintiff’s Motion for Reasonable Attorneys’ Fees and Costs would be due to the Court

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by December 19, 2011, and Plaintiff’s reply to Defendant’s opposition would be due to

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the Court by December 26, 2011;

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WHEREAS, the parties have agreed to a modified briefing schedule to account
for the upcoming holidays;

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Enyart v. National Conference of Bar Examiners, et al., Case No.: C09-05191 CRB
STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE AND ENLARGE TIME FOR
COMPLETING FILING OF PL.'S MOT. FOR FEES AND BILL OF COSTS

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Case3:09-cv-05191-CRB Document189

Filed12/07/11 Page4 of 5

WHEREAS, this Court has previously granted a single stipulated request by the

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parties to enlarge time for filing of Plaintiff’s Motion for Reasonable Fees and Costs and

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Plaintiff’s Bill of Costs to 30 days from final entry of judgment;
THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1. The time for Plaintiff to complete the filing of Plaintiff’s Motion for Attorneys

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Fees and Costs and Plaintiff’s Bill of Costs be extended by one day to Tuesday

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December 6, 2011.
2. Plaintiff be permitted to file the following amended pleadings to correct errors

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in her original filings:

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•

[Amended] BILL OF COSTS

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[Amended] DECLARATION OF ANNA LEVINE IN SUPPORT OF PLAINTIFF'S
BILL OF COSTS, with supporting exhibits incorporating an [Amended] Exhibit B

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[Amended] PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR
REASONABLE ATTORNEYS’ FEES AND COSTS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT

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[Amended] DECLARATION OF LAURENCE PARADIS IN SUPPORT OF
PLAINTIFF’S MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS,
with supporting exhibits incorporating an amended Exhibit J

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[Amended] DECLARATION OF DANIEL F. GOLDSTEIN IN SUPPORT OF
PLAINTIFF’S MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS,
with supporting exhibits incorporating an [Amended] Exhibit B

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[Amended] DECLARATION OF SCOTT C. LABARRE IN SUPPORT OF
PLAINTIFF’S MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS.

DISABILITY RIGHTS ADVOCATES
2001 CENTER STREET, THIRD FLOOR
BERKELEY, CALIFORNIA 94704-1204
[phone]

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3. Defendant’s Opposition to Plaintiff’s Motion for Reasonable Attorneys’ Fees
and Costs will be due no later than January 6, 2012, and Plaintiff’s reply to Defendant’s
opposition to Plaintiff’s motion will be due no later than January 20, 2012.
4. The hearing on Plaintiffs’ Motion for Attorneys Fees and Costs be moved to
February 10, 2012 at 10:00 a.m.

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Enyart v. National Conference of Bar Examiners, et al., Case No.: C09-05191 CRB
STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE AND ENLARGE TIME FOR
COMPLETING FILING OF PL.'S MOT. FOR FEES AND BILL OF COSTS

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Case3:09-cv-05191-CRB Document189

Respectfully Submitted,

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Filed12/07/11 Page5 of 5

Dated: December 7, 2011

DISABILITY RIGHTS ADVOCATES

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By:

/s/ Laurence Paradis

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Attorneys for Plaintiff

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COOLEY LLP
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By:

/s/ Gregory C. Tenhoff

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Attorneys for Defendant
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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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/s/
Laurence W. Paradis

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______

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________
CHARLES R. BREYER
DERED
United States District Judge,
SO OR
IT IS
Northern District of California

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December 9, 2011

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DISABILITY RIGHTS ADVOCATES
2001 CENTER STREET, THIRD FLOOR
BERKELEY, CALIFORNIA 94704-1204
[phone]

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Enyart v. National Conference of Bar Examiners, et al., Case No.: C09-05191 CRB
STIPULATED REQUEST TO MODIFY BRIEFING SCHEDULE AND ENLARGE TIME FOR
COMPLETING FILING OF PL.'S MOT. FOR FEES AND BILL OF COSTS

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