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).

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: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs, MERAS ENGINEERING, INC.
BERNIER, SUGHROUE and WALROD
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

10 MERAS ENGINEERING, INC., a California
corporation, RICH BERNIER and JAY
11 SUGHROUE,
Plaintiffs,

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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,
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Defendant.

16 MERAS ENGINEERING, INC., a California
corporation, and CHAD WALROD,
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Plaintiffs,
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v.
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CH2O, Inc., a Washington Corporation,
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Defendant.
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CASE NO. C 12-2738 EMC

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I.

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STIPULATION

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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.
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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.
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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.
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Opposition: Defendant will file opposition papers on or before September 21, 2012; and

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Reply: Plaintiffs will file reply papers on or before October 5, 2012.

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IT IS SO STIPULATED.

14 Dated: September 5, 2012
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CARLE, MACKIE, POWER & ROSS LLP
By:

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s/Kimberly Corcoran
KIMBERLY CORCORAN
Attorneys for Plaintiffs

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18 Dated: September 5, 2012
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DAVIES PEARSON, P.C
By: ___s/Rebecca M. Larson
________
REBECCA M. LARSON
Appearance Pro Hac Vice
Attorneys for Defendant CH2O, Inc.

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II.

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ORDER

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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
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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.

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Judge E

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__________________________________
C
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HONORABLE EDWARD M. CHEN
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JUDGE OF THE FEDERAL COURT

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It is so ordered.

UNIT
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Case Nos: C11-0389 EMC & C12-2738 EMC

STIPULATION AND [PROPOSED] ORDER RE: OPP. & REPLY DATES FOR PLAINTIFFS’ MTN FOR PARTIAL MSJ