Francisco v. Oakland Unified School District

Filing 15

ORDER GRANTING PARTIES' REQUEST FOR EXPEDITED BRIEFING SCHEDULE. Signed by Judge Maria-Elena James on 5/31/2011. (cdnS, COURT STAFF) (Filed on 5/31/2011)

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1 2 3 4 5 6 JACQUELINE P. MINOR, State Bar No. 102735 MARION L. MCWILLIAMS, State Bar No. 187532 MICHAEL L. SMITH, State Bar No. 217751 OAKLAND UNIFIED SCHOOL DISTRICT 1025 Second Avenue, Room 406 Oakland, CA 94606 Telephone: (510) 879-8535 Fax: (510) 879-1833 Attorneys for Petitioner OAKLAND UNIFIED SCHOOL DISTRICT 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 EVELYN FRANCISCO, 11 12 Case No. C10-04992 MEJ PETITIONER FRANCISCO AND RESPONDENT OUSD’S JOINT STIPULATED BRIEFING SCHEDULE AND [PROPOSED] ORDER THEREON Petitioner, vs. 13 OAKLAND UNIFIED SCHOOL DISTRICT, 14 Respondent. 15 16 17 18 19 20 21 22 23 24 25 26 JOINT STIPULATED BRIEFING SCHEDULE AND ORDER THEREON 1 C10-04992 MEJ 1 IT IS HEREBY STIPULATED AND AGREED by Petitioner, EVELYN FRANCISCO (“Ms. 2 Francisco”), and Respondent, OAKLAND UNIFIED SCHOOL DISTRICT (“District”), by and through 3 their respective attorneys (collectively, “the Parties”), that: 4 WHEREAS, Ms. Francisco’s current H-1B Visa is set to expire on June 30, 2011; 5 WHEREAS, the Court is asked to determine whether or not the District must sponsor 6 renewal of Ms. Francisco for another H-1B Visa; 7 WHEREAS, the parties have entered into and filed a Joint Stipulation to Pertinent Facts; and 8 WHEREAS, the Parties have agreed to not engage in any discovery in this matter; 9 The Parties hereby respectfully submit the following briefing schedule for the instant action 10 in order that the matter may be decided by the Court, subject to the Court’s discretion, by June 27, 11 2011: 12 1. On or before June 2, 2011, the District shall e-file any Opposition (and papers in 13 support thereof) (“Opposition”) to Ms. Francisco’s memorandum of points and 14 authorities in support of writ of mandate, et seq., that Ms. Francisco filed in 15 Alameda Superior Court on September 27, 2010; 16 2. 17 On or before June 9, 2011, Ms. Francisco shall e-file any Reply (and papers in support thereof) to the District’s Opposition; 18 3. As of June 10, 2011, the Parties and the Court will consider the matter submitted 19 to the Court for consideration and decision without oral argument, except and 20 unless specifically ordered to appear before the Court for oral argument; 4. 21 If the Court orders the Parties to appear for oral argument, the Parties will appear on Thursday, June 23, 2011 at 10:00 a.m. in Courtroom B, 15th Floor; and 22 23 /// 24 /// 25 /// 26 JOINT STIPULATED BRIEFING SCHEDULE AND ORDER THEREON 2 C10-04992 MEJ 1 5. The Court will issue an Order on the pending action on or before June 27, 2011, 2 subject to the Court’s availability and discretion in making a decision on such 3 matter on or before that date. 4 5 6 7 IT IS SO STIPULATED. 8 9 Dated: May 26, 2011 BEESON, TAYER & BODINE, APC 10 By: ______________/s_____________________ 11 David Weintraub Attorneys for Petitioner EVELYN FRANCISCO 12 13 14 Dated: May 26, 2011 OUSD OFFICE OF THE GENERAL COUNSEL 15 By: _______________/s____________________ 16 Michael L. Smith Attorneys for Respondent OAKLAND UNIFIED SCHOOL DISTRICT 17 18 19 20 21 22 23 24 GOOD CAUSE APPEARING, the Court hereby adopts and enters as its own order the Parties’ stipulated briefing schedule set forth above. IT IS SO ORDERED. May 31, 2011 Date: _______________________ 25 26 _____________________________________ HON. MARIA-ELENA JAMES United States District Court Judge L305045.P006 JOINT STIPULATED BRIEFING SCHEDULE AND ORDER THEREON 3 C10-04992 MEJ

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