Ayala v. Ayers et al

Filing 59

ORDER GRANTING AS MODIFIED 55 STIPULATION TO SHORTEN TIME as to 53 MOTION for Leave to File Amended Complaint. Responses due by 8/9/2012. Replies due by 8/15/2012. Motion Hearing set for 8/31/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 8/6/12. (jjoS, COURT STAFF) (Filed on 8/6/2012)

Case3:10-cv-00979-JSW Document55 Filed07/27/12 Page1 of 3

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DEANNA L. KWONG (SBN 233480)
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Tel: [phone]
Fax: [phone]
[e-mail]
TESS A. HAMILTON (SBN 279738)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
REYNALDO AYALA

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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REYNALDO AYALA,

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Plaintiff,

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v.

Case No.: C 10-0979 JSW (PR)

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ROBERT AYERS, JR., et al.,
Defendants.

JOINT STIPULATION AND AMENDED
[PROPOSED] ORDER TO
SHORTEN TIME ON
PLAINTIFF REYNALDO
AYALA’S MOTION FOR
LEAVE TO AMEND
COMPLAINT

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Judge: Hon. Jeffrey White
Place: Courtroom 11, 19th Floor

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This Stipulation and Proposed Order is entered into by and among the parties to the
above-captioned action.
WHEREAS, on July 26, 2012, Plaintiff filed a Motion for Leave to Amend Complaint
(“Motion for Leave to Amend”) (Docket No. 53);

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JOINT STIPULATION AND [PROPOSED] ORDER TO
SHORTEN TIME
Case No.: C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document55 Filed07/27/12 Page2 of 3

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WHEREAS, the hearing on the Motion for Leave to Amend is presently set for October
5, 2012 at 9:00 a.m.;
WHEREAS, the deadline for completion of all non-expert discovery in this case is
October 15, 2012 (Docket No. 44);
WHEREAS, the parties agree that shortened time on the Motion for Leave to Amend is
appropriate given the minimal amendments sought and the upcoming discovery deadline;
WHEREAS, on July 27, 2012, the Court indicated a desire to reset the deadlines as to
the Motion for Leave to Amend;

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WHEREAS, the shortened schedule will have no impact on other deadlines in this case;

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WHEREAS, the only previous time modifications in the case were an extension of time

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for Plaintiff, who was then proceeding pro se, to file an application to proceed in forma pauperis

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(Docket No. 6); a 90-day extension of time for Plaintiff, who was then proceeding pro se, to file

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an opposition to Defendants’ first Motion to Dismiss (Docket No. 18); and an extension of the

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deadline for the parties’ exchange of Initial Disclosures from July 13, 2012 to July 20, 2012

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(Docket No. 52).

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The parties agree as follows and respectfully request that the Court enter an Order

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approve this Stipulation and set the following deadlines as to Plaintiff Reynaldo Ayala’s Motion

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for Leave to Amend Complaint:

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1.

Defendants’ opposition, if any, will be filed and served on August 9, 2012.

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2.

Plaintiff’s reply, if any, will be filed and served on August 15, 2012.

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3.

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The hearing date, if the Court deems one necessary, shall be set for August 17,

2012 at 9:00 a.m., or at the Court’s earliest convenience.

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IT IS SO STIPULATED.

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Dated: July 27, 2012

By:

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/s/ Martine D’Agostino
Martine D’Agostino
Deputy Attorney General
Attorney for Defendants Wagner, Schlosser,
Hansen, Guthrie, and Faaita

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JOINT STIPULATION AND [PROPOSED] ORDER TO
SHORTEN TIME

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Case3:10-cv-00979-JSW Document55 Filed07/27/12 Page3 of 3

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Dated: July 27, 2012

By:

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/s/ Deanna L. Kwong
Deanna L. Kwong
COVINGTON & BURLING LLP
Attorney for Plaintiff Reynaldo Ayala

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ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in

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the filing of this document has been obtained from all signatories.

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IT IS SO ORDERED.

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Dated: August 6, 2012

By:
JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO
SHORTEN TIME

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