Delaney v. SimplexGrinnell LP

Filing 21

ORDER Motions due by 10/7/2011.. Signed by Judge Maria-Elena James on 10/5/2011. (cdnS, COURT STAFF) (Filed on 10/5/2011)

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THOMAS M. MCINERNEY (State Bar No. 162055)
[e-mail]
MICHELLE M. LEETHAM (State Bar No. 124578)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant SIMPLEXGRINNELL LP
ARKADY ITKIN (State Bar No. 253194)
[e-mail]
LAW OFFICE OF ARKADY ITKIN
335 Powell Street, 14th Floor
San Francisco, CA 94102
Telephone:
415.640.6765
Facsimile:
415.508.3474
Attorneys for Plaintiff COMERLIS DELANEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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COMERLIS DELANEY,
Plaintiff,

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v.

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SIMPLEXGRINNELL LP,
Defendant.

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO FILE DEFENDANT
SIMPLEXGRINNELL LP’S DISPOSITIVE
MOTION FOR SUMMARY JUDGMENT,
OR ALTERNATIVELY, PARTIAL
SUMMARY JUDGMENT TO OCTOBER 7,
2011
Complaint Filed: October 12, 2010
Trial Date:
March 12, 2012
Judge:
Hon. Maria-Elena James

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Case No. 10-cv-5103 MEJ

or

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Case No. 10-cv-5103 MEJ
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DEFENDANT SIMPLEXGRINNELL
LP’S DISPOSITIVE MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY
JUDGMENT TO OCTOBER 7, 2011

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Plaintiff COMERLIS DELANEY (“Plaintiff” or “Delaney”) and Defendant

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SIMPLEXGRINNELL LP (“Defendant” or “SimplexGrinnell”) (collectively, the “Parties”), by

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and through their respective counsel of record, hereby submit this stipulation pursuant to Civil

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Local Rule 6-2(a), as follows:

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WHEREAS, Plaintiff Delaney and Defendant SimplexGrinnell are preparing their Joint

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Statement of Undisputed Facts for filing with the Court pursuant to Civil Local Rule 56-2(b), in

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conjunction with Defendant’s Motion for Summary Judgment, or Alternatively, Partial Summary

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Judgment, which is currently due to be filed, served, and noticed by October 6, 2011;

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WHEREAS, Plaintiff’s counsel and Defendant’s counsel have agreed that in order to

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complete their Joint Statement of Undisputed Facts, Defendant SimplexGrinnell will have to and

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including October 7, 2011, to serve, file and notice Defendant SimplexGrinnell’s Motion for

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Summary Judgment, or Alternatively, Partial Summary Judgment against Plaintiff Delaney;

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WHEREAS, one previous time modification was requested in this case, extending the

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discovery cutoff from September 6, 2011, to September 14, 2011, which the Court granted on

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August 10, 2011;

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WHEREAS, the Parties’ request to extend the dispositive motion cutoff for Defendant

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SimplexGrinnell’s filing of its Motion for Summary Judgment or, Alternatively, Partial Summary

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Judgment by one day from October 6, 2011, to October 7, 2011.

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WHEREAS, this extension will not affect any other dates set by the Court, including the

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dates set for Plaintiff’s opposition brief, Defendant’s reply brief or the hearing date set for the

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Court to hear said motion;

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Case No. 10-cv-5103 MEJ
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DEFENDANT SIMPLEXGRINNELL
LP’S DISPOSITIVE MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY
JUDGMENT TO OCTOBER 7, 2011

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THEREFORE, the parties request that this Court extend the dispositive motion cutoff to

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October 7, 2011, for the purpose of the parties completing their Joint Statement of Undisputed

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Facts.

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DATED: October 4, 2011.

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

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Attorneys for Defendant
SIMPLEXGRINNELL LP

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/s/
Michelle M. Leetham
THOMAS M. McINERNEY
MICHELLE M. LEETHAM

DATED: August 9, 2011.

LAW OFFICE OF ARKADY ITKIN

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By:

/s/
Arkady Itkin
ARKADY ITKIN
Attorney for Plaintiff COMERLIS DELANEY

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Case No. 10-cv-5103 MEJ
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE DEFENDANT SIMPLEXGRINNELL
LP’S DISPOSITIVE MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY
JUDGMENT TO OCTOBER 7, 2011

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[PROPOSED] ORDER

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Based on the foregoing Stipulation of the Parties, and good cause appearing therefor,

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IT IS HEREBY ORDERED that:

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In order to allow the Parties to complete its Joint Statement of Undisputed Facts in this

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action, the dispositive motion cutoff presently set for October 6, 2011, is continued to October 7,

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2011.

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October 5, 2011
DATED: ______________________

__________________________________________
Maria-Elena James
U.S. District Court Chief Magistrate Judge

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Case No. 10-cv-5103 MEJ
[PROPOSED] ORDER