IPVenture, Inc. et al v. Cellco Partnership et al

Filing 98

INCORRECT DOCUMENT ATTACHED - PLEASE DISREGARD - SEE DOCUMENT NO. 99

Case3:10-cv-01465-JSW Document58

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John Houston Scott, SBN 72578
Lizabeth N. de Vries, SBN 227215
SCOTT LAW FIRM
1388 Sutter Street, Suite 715
San Francisco, CA 94109
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Filed08/25/11 Page1 of 3

Attorneys for Plaintiff,
DERWIN LONGMIRE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT LAW FIRM

1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109

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DERWIN LONGMIRE,

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Plaintiff,
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vs.
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CITY OF OAKLAND, HOWARD JORDAN, )
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SEAN WHENT, and DOES 1-50, inclusive
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Defendants.
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Case No.: C10-01465 JSW
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO
FILE PLAINTIFF’S OPPOSITION TO
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

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IT IS HEREBY STIPULATED by and between counsel for all parties in the abovereferenced action:
WHEREAS, the trial date in this matter is scheduled for February 27, 2012 and the
hearing on defendant’s motion for summary judgment is scheduled for December 9, 2011; and
WHEREAS, plaintiff’s lead counsel recently returned from a family vacation and had to
prepare and file an Opening Brief due in the California Court of Appeal in the matter of McVeigh
v. SF Recycling, Case No: A131833 by August 19, 2011; and
WHEREAS, upon receipt of defendant’s motion for summary judgment on August 12,
2011, plaintiff’s counsel’s office was short staffed with its only legal secretary on vacation who
returned just this past Monday, August 22, 2011; and

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-1STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE OPPOSITION TO MSJ

Case3:10-cv-01465-JSW Document58

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Filed08/25/11 Page2 of 3

WHEREAS, upon receipt of defendant’s motion for summary judgment, plaintiff’s

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counsel’s office is further short staffed with its only associate, Lizabeth de Vries, on a pre-paid

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pre-planned vacation expected to return on August 29, 2011; and

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WHEREAS, plaintiff’s counsel is in the process of preparing for several previously

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scheduled depositions in the matter of Rush v. City of Oakland, Case No. RG09477417 in the

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Alameda County Superior Court, which commenced last week and are scheduled to continue over

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the course of next week; and

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WHEREAS, plaintiff’s counsel is in the process of preparing for an opposition to yet
another motion for summary judgment in the matter of Rush v. City of Oakland, Case No.

SCOTT LAW FIRM

RG09477417, which is due in the Alameda County Superior Court no later than September 15,

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1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109

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2011; and

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WHEREAS, counsel for all parties hereby request the Court to extend the deadline for

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plaintiff to file his opposition to defendant’s motion for summary judgment by three weeks from

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August 26, 2011 to September 16, 2011 and to extend the deadline for defendant to reply to

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October 7, 2011; and

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All other deadlines shall remain in place.

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Dated: August 24, 2011

SCOTT LAW FIRM

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By:

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/s/ John H. Scott
John Houston Scott
Attorney for Plaintiff

LAW OFFICES OF JOHN L. BURRIS
Dated: August 24, 2011
By:

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/s/
JOHN L. BURRIS

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FOSTER EMPLOYMENT LAW

Dated: August 24, 2011
By:

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/s/
MADELYN G. JORDAN-DAVIS

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-2STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE OPPOSITION TO MSJ

Case3:10-cv-01465-JSW Document58

[PROPOSED] ORDER

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Filed08/25/11 Page3 of 3

GOOD CAUSE APPEARING THEREFOR, it is hereby ordered that the deadline to file

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plaintiff’s opposition to defendant’s motion for summary judgment in this matter has been

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extended to September 16, 2011. The deadline to file defendant’s reply has been extended to

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October 7, 2011. There shall be no further extension of time on briefing this motion.
The Court shall strike any late-filed briefs.

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DATE: August 25, 2011

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HONORABLE JEFFREY S. WHITE
United States District Court Judge

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SCOTT LAW FIRM

1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109

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-3STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE OPPOSITION TO MSJ