Carter v. Caleb Brett LLC et al

Filing 15

STIPULATION AND ORDER RE 14 CHANGING TIME ON MOTION TO DISMISS. Motion Hearing set for 7/14/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/5/11. (cl, COURT STAFF) (Filed on 5/5/2011)

*E-Filed 5/5/11*

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Eric A. Dupree (Bar # 88260)
DUPREE LAW, aplc
1715 Strand Way, Suite 203
Coronado, CA 92118
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Petitioner
RICK O. CARTER

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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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)
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Petitioner,
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v.
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CALEB BRETT, L.L.C, employer, and
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LIBERTY MUTUAL INSURANCE CO.,
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carrier,
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Respondents.
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______________________________________ )

No. CV 11-01472

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The parties present this STIPULATED REQUEST for an Order changing the time set for hearing of

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Respondents’ Motion to Dismiss Petition for Entry of Judgment. The Motion has been set for hearing

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June 1, 2011. Under Local Rule 7-3(a), Petitioner’s reply to the Motion is due May 11, 2011. The
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parties request that the Court change the hearing date to July 13, 2011, with Petitioner’s response to the

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Motion due June 22, 2011, pursuant to Rule 7-3(a). This Stipulated Request is made on the following

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grounds:

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1.

RICK O. CARTER
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STIPULATED REQUEST FOR
ORDER CHANGING TIME FOR
HEARING OF MOTION TO DISMISS
AS MODIFIED BY THE COURT
Judge: Richard Seeborg
Hearing Date: June 1, 2011
Time: 10:30 a.m.

Counsel for Respondents anticipates that the Fifth Circuit Court of Appeals will issue an Order
that is likely to affect the Petition herein, and Respondents’ Motion, on or before June 1, 2011.

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Due to previous commitments, counsel for Petitioner lacks the resources to respond to the
Motion at the time appointed under Local Rule 7-3(a).

STIPULATED REQUEST FOR ORDER CHANGING TIME

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3.

Lead counsel for Respondents will be on vacation during the second half of June, 2011, and will

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be unable to appear for a hearing during that time.
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A Case Management Conference is set for July 13, 2011. Counsel for Petitioner are located in

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San Diego, California and Washington, DC. Lead counsel for Respondents is located in Dallas,

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Texas. All counsel will benefit from hearing Respondents’ Motion at the same time as the Court

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conducts the Case Management Conference.

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5.

There have been no prior time modifications, either by stipulation or by Order.

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6.

Granting of the parties’ request would have no effect on the existing schedule, except that

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Petitioner’s reply to Respondent’s Motion would fall due on June 22, 2011, pursuant to Local
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Rule 7-3(a). The Case Management Conference would proceed on July 13, 2011, as scheduled,

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with pertinent deadlines unchanged.

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WHEREFORE, the parties request an Order that Respondents’ Motion be heard July 13, 2011, and that

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Petitioner’s Opposition to the Motion shall be filed and served not later than June 22, 2011, consistent

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with Local Rule 7-3(a). This Stipulation may be signed in counterparts, and a facsimile or electronic

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scan of a party’s signature shall have the same force and effect as the original.

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IT IS SO STIPULATED

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DATED May 4, 2011

/S/
Eric A. Dupree
Attorney for Petitioner RICK O. CARTER

DATED _________________, 2011

_____________________________________
John R. Walker / Robyn A. Leonard
Attorneys for Respondents CALEB BRETT,
LLC and LIBERTY MUTUAL INS. CO.

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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____________________________
Richard Seeborg, District Judge

5/5/11
_____________________________
Date

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STIPULATED REQUEST FOR ORDER CHANGING TIME