Marsh v. Napolitano

Filing 42

ORDER FOR AMENDED BRIEFING SCHEDULE FOR HEARING OF PLAINTIFF JAY MARSH'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT by Magistrate Judge Laurel Beeler; granting 34 Motion to Continue. Motion Hearing reset to September 6, 2012 at 11:00 a.m. (ls, COURT STAFF) (Filed on 7/18/2012)

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Case3:11-cv-03734-LB Document41 Filed07/17/12 Page1 of 2 1 2 3 4 5 6 7 8 9 10 DANIEL RAY BACON, ESQUIRE, SB# 103866 LAW OFFICES OF DANIEL RAY BACON 234 Van Ness Avenue San Francisco, California 94102-4515 Telephone: (415) 864-0907 Facsimile: (415) 864-0989 email: bacondr@aol.com JOSEPH C. HOHENSTEIN, ESQUIRE, PA STATE BAR #69226 ORLOW, KAPLAN & HOHENSTEIN, LLP ATTORNEYS AT LAW 620 Chestnut Street, Suite 656 Philadelphia, Pennsylvania 19106 Telephone: (215) 922-1183 Facsimile: (215) 922-0516 email: jhohenstein@orlow.com Pro Hac Vice Attorneys for Plaintiff JAY MARSH 11 E-filing 12 UNITED STATES DISTRICT COURT 13 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 JAY MARSH, 17 18 19 Plaintiff, vs. 20 21 22 23 24 25 26 27 28 JANET NAPOLITANO, SECRETARY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV 3:11-3734 LB PROPOSED ORDER FOR AMENDED BRIEFING SCHEDULE FOR HEARING OF PLAINTIFF JAY MARSH’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT. F.R.C.P. Rule 56 (amended 2010) Date: Time: Court: Judge: Trial Date: September 6, 2012 11 a.m. Courtroom C, 15th Flr. Hon. Laurel Beeler None Case3:11-cv-03734-LB Document41 Filed07/17/12 Page2 of 2 1 2 After considering the parties stipulation for amended briefing schedule for hearing of the 3 parties’ motions for summary judgment pursuant to the Order of this Court [ECF 38] and the 4 requests made therein, the Court GRANTS such requests and Orders as follows:: 5 1. September 6, 2012 at 11:00 a.m. in Courtroom C, the Honorable Laurel Beeler, shall 6 be the new hearing date for hearing both Plaintiff’s Motion for Summary Judgment or in the 7 alternative Summary Adjudication of Issues and Defendant’s Cross-Motion for Summary 8 Judgment. Defendant does not need to refile its Cross-Motion for Summary Judgment and 9 adequate notice has been provided to the Plaintiff for hearing Defendant’s Cross Motion for 10 Summary Judgment on September on September 6, 2012. 11 2. Plaintiff shall: (a) re-submit his Memorandum of Points and Authorities in a new brief 12 with the only change to the new brief being the addition of citations to the Certified 13 Administrative Record with no change of content and said filing shall replace the previous filing 14 [ECF 21]; (b) file his Reply to Defendant’s Response to Plaintiff’s Motion for Summary 15 Judgment and file his Opposition to Defendant’s Cross-Motion for Summary Judgment in one 16 document and all said documents shall be filed by Plaintiff on August 2, 2012 pursuant to Local 17 Rule 7-2. 18 3. Defendant shall file its Reply to Plaintiff’s Opposition to Defendant’s Cross-Motion 19 for Summary Judgment pursuant to Local Rule 7-3, e.g., on August 9, 2012. 20 4. The parties shall file a Joint Statement of Undisputed Facts for both Motions for 21 Summary Judgment on August 2, 2012. 22 IT IS SO ORDERED. 23 24 17 July ____, 2012 25 ____________________________________ THE HONORABLE LAUREL BEELER U.S. MAGISTRATE JUDGE 26 27 28 PROPOSED ORDER RE BRIEFING & HEARING PARTIES’ SUM. JUD. MOTIONS CASE NO.: CV 3:11- 3734 LB -1-

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