White et al v. University of California et al

Filing 40

STIPULATION AND ORDER RE 38 BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND POSTPONEMENT OF CASE MANAGEMENT CONFERENCE. Case Management Conference set for 10/4/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 6/11/12. (cl, COURT STAFF) (Filed on 6/11/2012)

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BRADLEY S. PHILLIPS (State Bar No. 085263)
JOHN M. RAPPAPORT (State Bar No. 254459)
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]
MICHELLE FRIEDLAND (State Bar No. 234124)
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]
CHARLES F. ROBINSON (State Bar No. 113197)
KAREN J. PETRULAKIS (State Bar No. 168732)
MARGARET L. WU (State Bar No. 184167)
OFFICE OF THE GENERAL COUNSEL
UNIVERSITY OF CALIFORNIA
1111 Franklin Street
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; MARK G. YUDOF;
MARYE ANNE FOX; GARY MATTHEWS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO/OAKLAND DIVISION

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Case No. C12-01978 RS

TIMOTHY WHITE, an individual; ROBERT L.
BETTINGER, an individual; and MARGARET
SCHOENINGER, an individual,
Petitioners and plaintiffs,
vs.
THE UNIVERSITY OF CALIFORNIA; THE REGENTS
OF THE UNIVERSITY OF CALIFORNIA; MARK G.
YUDOF, in his individual and official capacity as
President of the University; MARYE ANNE FOX, in her
individual and official capacity as Chancellor of the
University of California, San Diego; GARY
MATTHEWS, in his individual and official capacity as
Vice Chancellor of the University of California, San
Diego; KUMEYAAY CULTURAL REPATRIATION
COMMITTEE; and DOES 1-50, inclusive,

STIPULATION RE BRIEFING
SCHEDULE ON MOTIONS TO
DISMISS AND
POSTPONEMENT OF CASE
MANAGEMENT
CONFERENCE; [PROPOSED]
ORDER

Respondents and defendants.

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STIPULATION RE BRIEFING SCHEDULE,
CASE NO. C12-01978 RS

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STIPULATION
1.

Whereas on May 23, 2012, Petitioners and Plaintiffs (“Plaintiffs”) filed their

Petition for Writ of Mandamus and First Amended Complaint (“FAC”) (ECF 25);
2.

Whereas on June 5, 2012, Respondent and Defendant Kumeyaay Cultural

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Repatriation Committee (“KCRC”) executed a Notice and Acknowledgement of Receipt of

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Summons and Complaint concerning the FAC;

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3.

Whereas on June 6, 2012, Respondents and Defendants The Regents of the

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University of California, Mark G. Yudof, Marye Anne Fox, and Gary Matthews (“the

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University”) filed a motion to dismiss the FAC (ECF 37);

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4.

Whereas KCRC’s response to the FAC is due on June 26, 2012, Fed. R. Civ. P. 12,

and KCRC intends to file a motion to dismiss the FAC;
5.

Whereas, under Civil L.R. 7-2(a), the earliest date on which KCRC’s motion to

dismiss could be heard is August 2, 2012;
6.

Whereas, because the University’s motion to dismiss and KCRC’s anticipated

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motion to dismiss will address overlapping legal issues—in particular, KCRC’s asserted

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immunity from suit—the parties agree that it would be most efficient for both the parties and the

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Court for the two motions to dismiss to be heard together on the same date;

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7.

Whereas the earliest date on which both motions could be heard that is convenient

for the parties and their counsel and is open on the Court’s hearing calendar is August 23, 2012;
8.

Whereas the University therefore noticed the hearing on its motion to dismiss the

FAC for August 23 at 1:30 p.m. (ECF 37);
9.

Whereas the parties wish to agree to the extent possible on procedural matters and

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to establish an efficient briefing schedule consistent with the applicable rules, the parties have

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agreed for the motions to dismiss to be briefed on the following schedule: (1) KCRC will file its

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motion to dismiss by July 6, 2012; (2) Plaintiffs will file oppositions to both motions to dismiss

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by July 23; and (3) Defendants will file their replies by August 9.

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STIPULATION RE BRIEFING SCHEDULE,
CASE NO. C12-01978 RS

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10.

Whereas, under the parties’ agreed schedule, the reply briefs will be filed two

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weeks before the hearing on the motions, allowing the Court the same 14-day preparation period

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as for a motion noticed for 35 days after filing under Civil L.R. 7-2 and 7-3;

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11.

Whereas, per this Court’s order, the Case Management Conference is presently set

for August 23, 2012, having been continued from its initial date of June 28. (ECF 29.)
12.

Whereas, rather than hold the Case Management Conference on the same day as

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the hearing on the motions to dismiss, the parties agree that it is preferable to postpone the

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Conference until October 4, 2012.

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13.

Whereas the parties further agree that, at the August 23 hearing on the motions to

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dismiss, or thereafter if the motion dismiss has not yet been decided, any party may raise the

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timing of Conference with the Court and may request further postponement as appropriate, and

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any other party may oppose such a request.

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THEREFORE, the parties stipulate to a briefing schedule and postponement of the Case
Management Conference, as follows:

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Subject to approval of the Court, (1) KCRC will file its motion to dismiss Plaintiffs’ FAC

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by July 6, 2012; (2) Plaintiffs will file their oppositions to the University’s motion to dismiss and

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to KCRC’s anticipated motion to dismiss by July 23, 2012; (3) Defendants will file their replies

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by August 9, 2012; (4) both motions to dismiss will be heard on August 23, 2012 at 1:30 p.m., or

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at the Court’s earliest convenience thereafter; and (5) the Case Management Conference will be

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continued to October 4, 2012 at 10 a.m.

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IT IS SO STIPULATED.

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STIPULATION RE BRIEFING SCHEDULE,
CASE NO. C12-01978 RS

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DATED: June 11, 2012
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McMANIS FAULKNER
/s/ Elizabeth Pipkin
ELIZABETH PIPKIN

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Attorneys for Petitioners and Plaintiffs

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DATED: June 11, 2012

MUNGER, TOLLES & OLSON LLP
/s/ John M. Rappaport
JOHN M. RAPPAPORT

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Attorneys for Respondents and Defendants
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; MARK G. YUDOF; MARYE
ANNE FOX; GARY MATTHEWS

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DATED: June 11, 2012

CALIFORNIA INDIAN LEGAL SERVICES
/s/ Dorothy Alther
DOROTHY ALTHER
Attorneys for Respondents and Defendants
KUMEYAAY CULTURAL REPATRIATION
COMMITTEE

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STIPULATION RE BRIEFING SCHEDULE,
CASE NO. C12-01978 RS

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[PROPOSED] ORDER
The Court has considered the parties’ stipulation regarding a briefing schedule on

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Respondents and Defendants’ motions to dismiss and postponement of the Case Management

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Conference. Pursuant to the parties’ stipulation and good cause appearing, THE COURT NOW

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ENTERS THE FOLLOWING ORDER:

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(1) Respondent and Defendant Kumeyaay Cultural Repatriation Committee (“KCRC”)

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shall respond to Plaintiffs’ Petition for Writ of Mandamus and First Amended Complaint by July

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6, 2012; (2) Plaintiffs shall file its oppositions to Respondents and Defendants The Regents of the

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University of California, Mark G. Yudof, Marye Anne Fox, and Gary Matthews’ (“the

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University’s”) motion to dismiss and to KCRC’s motion to dismiss, if any, by July 23, 2012; (3)

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Respondents and Defendants shall file any replies by August 9, 2012; (4) the Court shall hear the

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University’s motion to dismiss and KCRC’s motion to dismiss, if any, on August 23, 2012 at 1:30

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p.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate

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Avenue, San Francisco, at which time the parties may raise any concerns regarding the timing of

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the Case Management Conference; and (5) the Case Management Conference shall be continued

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to October 4, 2012 at 10 a.m. in Courtroom 3.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

6/11/12
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION RE BRIEFING SCHEDULE,
CASE NO. C12-01978 RS