Menlo Park City School District v. Chahrouri et al

Filing 27

ORDER continuing Cross Motions for Summary Judgment re (26 in 3:10-cv-04636-CRB) Stipulation filed by Menlo Park City School District, Set/Reset Deadlines as to (26 in 3:10-cv-04636-CRB) Stipulation. Motions due by 8/19/2011. Responses due by 9/2/2011. Replies due by 9/9/2011. Motion Hearing set for 9/23/2011 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 6/14/2011. (beS, COURT STAFF) (Filed on 6/14/2011)

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Case3:10-cv-04636-CRB Document26 1 2 3 4 5 Filed06/13/11 Page1 of 3 JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282) By: JOHN D. NIBBELIN, Deputy (SBN 184603) By: KATHRYN E. MEOLA, Deputy (SBN 172034) Hall of Justice and Records 400 County Center, 6th Floor Redwood City, CA 94063 Telephone: (650) 363-4647 Facsimile: (650) 363-4034 E-mail: jnibbelin@co.sanmateo.ca.us E-mail: kmeola@co.sanmateo.ca.us 6 7 Attorneys for Menlo Park City School District 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 MENLO PARK CITY SCHOOL DISTRICT, Plaintiff, 12 vs. 13 14 Case No. CV-10 04636 CRB STIPULATION AND ORDER CONTINUING CROSS MOTIONS FOR SUMMARY JUDGMENT NICOLE AND GEBRAN CHAHROURI, PARENTS OF G.C., and G.C., 15 Defendants. 16 17 GC, by and through her guardian ad litem, NICOLE CHAHROURI, NICOLE CHAHROURI and GEBRAN CHAHROURI, individually, Case No. CV-10 04839 CRB Hearing 18 Plaintiffs, 19 vs. 20 Date: Time: Courtroom: Judge: August 12, 2011 10:00 a.m. 8, 19th Floor Charles R. Breyer MENLO PARK CITY SCHOOL DISTRICT, 21 Defendant. 22 WHEREAS, counsel for the parties have stipulated and agreed to continue the hearing on the 23 24 cross motions for summary judgment from August 12, 2011 to September 23, 2011, and stipulated and 25 agreed to move the due date for the briefs for the cross motions for summary judgment to August 19, 26 2011. 27 The reason for the parties’ request for a continuance is the following: 28 The settlement conference judge previously assigned to this case, Judge Chen, was unavailable Case No. CV-10 04636 CRB STIPULATION AND ORDER TO CONTINUE CROSS MOTIONS FOR SUMMARY JUDGMENT Case3:10-cv-04636-CRB Document26 Filed06/13/11 Page2 of 3 1 for the settlement conference date previously set for June 10, 2011. The date acceptable to all parties and 2 the Court for the settlement conference was June 30, 2011. When the settlement conference was 3 continued from June 10, 2011 to June 30, 2011, the date of the settlement conference was pushed up 4 against the due date for the briefs for the cross motions for summary judgment. If the hearing for the 5 cross motions for summary judgment remains as it is currently set on August 12, 2011, the briefs for the 6 cross motions for summary judgment will be due on July 8, 2011. Additional attorney hours spent 7 preparing the cross motions for summary judgment would potentially be incongruous to any settlement 8 negotiations that may occur on June 30, 2011. It is also the parties’ understanding that Judge Chen may 9 have sent an email to this Court explaining that the continuance of the settlement conference date was 10 through no fault of the parties in this case and that the Court may have expressed a willingness to 11 consider re-setting the briefing schedule and continuing the hearing date for the cross motions for 12 summary judgment. For these reasons, the parties request this Court to continue the hearing set for the 13 cross motions for summary judgment to September 23, 2011 and move the due date for the briefs for the 14 cross motions for summary judgment to August 19, 2011. 15 16 Dated: June 13, 2011 17 Attorney for GC, by and through her guardian ad litem, NICOLE CHAHROURI, NICOLE CHAHROURI and GEBRAN CHAHROURI, individually “Student” 18 19 20 21 ____________/s/_________________ Susan Foley Dated: June 13, 2011 JOHN C. BEIERS, COUNTY COUNSEL 22 23 By: _________________/s/_________________ KATHRYN E. MEOLA, Deputy 24 Attorneys for Menlo Park City School District “District” 25 26 27 28 I HEREBY ATTEST THAT I HAVE ON FILE ALL HOLOGRAPH SIGNATURES FOR ANY SIGNATURES INDICATED BY A “CONFORMED” SIGNATURE (/S/) WITHIN THIS EFILED DOCUMENT. 2 STIPULATION AND ORDER TO CONTINUE CROSS MOTIONS FOR SUMMARY JUDGMENT Case3:10-cv-04636-CRB Document26 Filed06/13/11 Page3 of 3 1 ORDER 2 Pursuant to the above stipulation of the parties, 3 4 1. The hearing on the cross motions for summary judgment is continued to September 23, 2011. 5 6 2. The due date for the briefs on the cross motions for summary judgment are due on 7 August 19, 2011. 8 Dated: June 14, 2011 S IT I 13 J 16 A H ER LI RT 15 . Breyer arles R udge Ch NO 14 R NIA 12 __________________________________ The Honorable Charles R. Breyer ED United States DistrictORDER SO Judge S UNIT ED 11 RT U O 10 S DISTRICT TE C TA FO 9 N D IS T IC T R OF C 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER TO CONTINUE CROSS MOTIONS FOR SUMMARY JUDGMENT

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