Meras Engineering Inc. et al v. CH2O, Inc.

Filing 73

STIPULATION AND ORDER re (72 in 3:11-cv-00389-EMC) re (54) MOTION for Summary Judgment filed by Rich Bernier, Jay Sughroue, Meras Engineering Inc. Responses due by 9/21/2012. Replies due by 10/5/2012. Hearing: 10/26/12. Signed by Judge Edward M. Chen on 9/6/12. (bpf, COURT STAFF) (Filed on 9/6/2012) Modified on 9/6/2012 (bpf, COURT STAFF).

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1 DAWN M. ROSS (SBN 143028) KIMBERLY CORCORAN (SBN 148229) 2 CARLE, MACKIE, POWER & ROSS LLP 100 B Street, Suite 400 3 Santa Rosa, California 95401 Telephone: (707) 526-4200 4 Facsimile: (707) 526-4707 5 Attorneys for Plaintiffs, MERAS ENGINEERING, INC. BERNIER, SUGHROUE and WALROD 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 MERAS ENGINEERING, INC., a California corporation, RICH BERNIER and JAY 11 SUGHROUE, Plaintiffs, 12 13 CASE NO. C 11-00389 EMC STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINES TO FILE AND SERVE OPPOSITION AND REPLY PAPERS re: PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT v. 14 CH2O, Inc., a Washington Corporation, 15 Defendant. 16 MERAS ENGINEERING, INC., a California corporation, and CHAD WALROD, 17 Plaintiffs, 18 v. 19 CH2O, Inc., a Washington Corporation, 20 Defendant. 21 CASE NO. C 12-2738 EMC 22 I. 23 STIPULATION 24 This stipulation and order is with regard to the Bernier/Sughroue action, case number 11- 25 00389. Plaintiffs in that action filed a motion for partial summary judgment on June 22, 2012. 26 Pursuant to the Local Rules of the Northern District of California, Defendant’s opposition was 27 due 14 days later, on July 6, 2012. ND Cal. LR 7-3. Plaintiffs’ reply memorandum would have 28 been due seven days later. Id. 1 Case Nos: C11-0389 EMC & C12-2738 EMC STIPULATION AND [PROPOSED] ORDER RE: OPP. & REPLY DATES FOR PLAINTIFFS’ MTN FOR PARTIAL MSJ 1 However, eight days before the opposition was due, the court in which the matter was 2 then-set vacated the motion hearing date. This was by minute order dated June 28, 2012. [ECF 3 number 55, case number 11-00389]. As a result, no opposition or reply papers have been filed to 4 the motion. 5 After the transfer of the case to this court, the motion has been reset for hearing on 6 October 26, 2012. In order to resolve the ambiguity of filing dates for the opposition and reply 7 memoranda, the parties therefore agree on the following schedule for the filing of such papers. 8 This schedule will allow 21 days between the filing of the reply papers and the hearing date for 9 the motion. 10 Opposition: Defendant will file opposition papers on or before September 21, 2012; and 11 Reply: Plaintiffs will file reply papers on or before October 5, 2012. 12 13 IT IS SO STIPULATED. 14 Dated: September 5, 2012 15 CARLE, MACKIE, POWER & ROSS LLP By: 16 s/Kimberly Corcoran KIMBERLY CORCORAN Attorneys for Plaintiffs 17 18 Dated: September 5, 2012 19 20 21 DAVIES PEARSON, P.C By: ___s/Rebecca M. Larson ________ REBECCA M. LARSON Appearance Pro Hac Vice Attorneys for Defendant CH2O, Inc. 22 23 II. 24 ORDER 25 The court has reviewed the stipulation of the parties as well as the files and records in this 26 action. After such review, and good cause appearing therefor, the agreed-to briefing schedule is 27 herein the order of this court. Defendant shall file its papers in opposition to plaintiffs’ partial 28 2 Case Nos: C11-0389 EMC & C12-2738 EMC STIPULATION AND [PROPOSED] ORDER RE: OPP. & REPLY DATES FOR PLAINTIFFS’ MTN FOR PARTIAL MSJ 1 motion for summary judgment no later than September 21, 2012 and plaintiffs shall file their 2 reply papers in support of the motion no later than October 5, 2012. dw Judge E 8 H ER 11 Chen LI RT 10 ard M. A 9 R NIA DERED FO 7 O OR IT IS S NO 6 RT U O 5 DISTRI CT ES __________________________________ C AT HONORABLE EDWARD M. CHEN T JUDGE OF THE FEDERAL COURT S 4 It is so ordered. UNIT ED 3 N F D IS T IC T O R C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case Nos: C11-0389 EMC & C12-2738 EMC STIPULATION AND [PROPOSED] ORDER RE: OPP. & REPLY DATES FOR PLAINTIFFS’ MTN FOR PARTIAL MSJ

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