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)

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: [phone]
Fax: [phone]
[e-mail]
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