Sender v. Franklin Resources Inc
Filing
85
STIPULATION AND ORDER RESETTING BRIEFING SCHEDULE AND MOTION HEARING AND CMC FROM 1/17/13 T0 1/24/13 AT 1:30 P.M. Case Management Statement due by 1/17/2013. Further Case Management Conference set for 1/24/2013 01:30 PM in Courtroom 5, 17th Floor , San Francisco. Motion Hearing set for 1/24/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 12/11/2012. Replies due by 12/21/2012.. Signed by Judge Edward M. Chen on 11/28/12. (bpf, COURT STAFF) (Filed on 11/28/2012)
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R. Bradford Huss, No. 71303
Charles M. Dyke, No. 183900
Virginia H. Perkins, No. 215832
TRUCKER HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
(415) 788-3111
Facsimile:
(415) 421-2017
E-mail:
bhuss@truckerhuss.com
cdyke@truckerhuss.com
vperkins@truckerhuss.com
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Attorneys for Defendant
FRANKLIN RESOURCES, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Trucker Huss
A Professional Corporation
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One Embarcadero Center, 12 Floor
San Francisco, California 94111
SAN FRANCISCO DIVISION
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JOHN SENDER,
Plaintiff,
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vs.
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Case No. C-11-03828 EMC
FRANKLIN RESOURCES, INC. and DOES
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STIPULATION AND [PROPOSED]
ORDER EXTENDING BRIEFING
SCHEDULE ON FRANKLIN’S MOTIONS
UNDER RULE 12(c) AND RULE 56
(Hearing reset from 1/17/13 to 1/24/13 at 1:30 p.m.)
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Defendant.
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Plaintiff John Sender (“Sender”) and defendant Franklin Resources, Inc. (“Franklin”)
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(together the “Parties”), by and through their respective counsel of record, hereby request that the
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Court enter an Order extending the briefing schedule associated with Franklin’s Motion for
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Summary Judgment on Statute of Limitations Grounds (Dkt. # 77) and Franklin’s Motion for
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Judgment on the Pleadings (Dkt. # 74) (together the “Motions”), both of which were filed by
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Franklin on November 15, 2012 and are set for hearing on January 17, 2013.
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WHEREAS, under the current briefing schedule, Sender’s oppositions to the Motions are
due November 29, 2012 and Franklin’s reply briefs are due December 6, 2012;
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WHEREAS, Sender has filed a Motion to Extend Time;
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WHEREAS, Franklin disagrees with the basis for Sender’s Motion to Extend Time;
STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE;
Case No. C11-03828-EMC
#1292373
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WHEREAS, in order to conserve judicial resources, the Parties have agreed to extend the
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deadline for Sender to file his opposition briefs and Franklin to file its reply briefs.
THEREFORE, the Parties hereby stipulate and agree, and request that the Court enter an
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Order, extending the briefing schedule as follows:
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Sender shall file oppositions to the Motions no later than December 11, 2012.
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2.
Franklin shall file reply briefs in support of the Motions no later than December 21,
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2012.
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PRIOR EXTENSIONS OF TIME
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Prior extensions of time granted in this litigation include the following:
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Sender’s Motion to Remand. (Dkt. No. 15)
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Trucker Huss
A Professional Corporation
th
One Embarcadero Center, 12 Floor
San Francisco, California 94111
An Order revising the briefing schedule on Franklin’s Motion to Dismiss and
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An Order extending the time for Sender to file an amended complaint. (Dkt.
No. 29)
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An Order continuing a case management conference. (Dkt. No. 31).
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An Order extending the time for Sender to file a reply brief following a technical
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failure of the Court’s ECF system, which prevented the timely filing of Franklin’s
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opposition brief. (Dkt. No. 58).
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IT IS SO STIPULATED.
DATED: November 27, 2012
TRUCKER HUSS
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By: /s/R. Bradford Huss
R. Bradford Huss, Attorneys for Defendant
FRANKLIN RESOURCES, INC.
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DATED: November 27, 2012
GOLD BENNETT CERA & SIDENER LLP
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By: /s/Solomon B. Cera
Solomon B. Cera (SBN 99467)
595 Market Street, Suite 2300
San Francisco, California 94105
Tel: (415) 777-2230
Fax: (415) 777-5189
Email: scera@gbcslaw.com
Attorneys for Plaintiff, JOHN SENDER
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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE;
Case No. C11-03828-EMC
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I attest that my firm has obtained Mr. Cera’s concurrence in the filing of this document.
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DATED: November 27, 2012
TRUCKER HUSS
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By:/s/R. Bradford Huss
R. Bradford Huss
Attorneys for Defendant
FRANKLIN RESOURCES, INC.
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Trucker Huss
A Professional Corporation
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One Embarcadero Center, 12 Floor
San Francisco, California 94111
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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE;
Case No. C11-03828-EMC
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ORDER
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Pursuant to the Parties’ Stipulation, it is ordered that:
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December 11, 2012.
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IT IS SO ORDERED.
November 28, 2012
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Dated:
RT
U
O
S DISTRICT
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____________________________________
TA
Honorable Edward M. Chen
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ED
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The hearing is rescheduled from January 17, 2013 to January 24, 2013 at 1:30 p.m.
2012.
Judge of the United States District Court
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RT
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dwa
Judge E
ER
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hen
rd M. C
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Trucker Huss
A Professional Corporation
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One Embarcadero Center, 12 Floor
San Francisco, California 94111
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D
RDERE
IS SO O FIED
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DI
AS MO
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R NIA
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Franklin shall file reply briefs in support of the Motions no later than December 21,
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Sender shall file oppositions to the Motions (Dkt. # 74 and Dkt. # 77) no later than
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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE;
Case No. C11-03828-EMC
#1292373
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