United States Of America v. Real Property and Improvements Located at 2106 Ringwood Avenue, San Jose, California

Filing 60

ORDER by Magistrate Judge Maria-Elena James in case 3:12-cv-03567-MEJ; granting (34) Stipulation in case 3:12-cv-05245-MEJ (rmm2S, COURT STAFF) (Filed on 1/3/2013)

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CEDRIC C. CHAO (SBN 76045)
[e-mail]
S. RAJ CHATTERJEE (SBN 177019)
SETH A. SCHREIBERG (SBN 267122)
TARYN S. RAWSON (SBN 277341)
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

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BARBARA J. PARKER, City Attorney (SBN 69722)
[e-mail]
AMBER MACAULAY, Deputy City Attorney (SBN 253925)
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: 510.238.6500

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Attorneys for Plaintiff City of Oakland
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STUART F. DELERY
Principal Deputy Assistant Attorney General
ARTHUR R. GOLDBERG
Assistant Director, Federal Programs Branch
KATHRYN L. WYER (Utah Bar No. 9846)
U.S. Department of Justice, Civil Division
20 Massachusetts Avenue, N.W., Washington, DC 20530
Tel. [phone]/Fax [phone]
[e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CITY OF OAKLAND,
Plaintiff,

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No. CV 12-5245 MEJ
Related Cases: No. CV 12-3566 MEJ
No. CV 12-3567 MEJ

v.
ERIC HOLDER, Attorney General of the
United States; and MELINDA HAAG, U.S.
Attorney for the Northern District of
California,
Defendants.

STIPULATION AND [PROPOSED]
ORDER TO RENOTICE HEARING ON
DEFENDANTS’ MOTION TO DISMISS
AND TO RESET DEADLINES FOR
ASSOCIATED BRIEFING
Hearing Date: January 31, 2013
[As proposed by parties]
Time: 10:00 a.m.
Courtroom: B, Hon. Maria Elena James

STIPULATION TO RENOTICE HEARING ON DEFENDANTS’ MOTION TO DISMISS
sf-3232989

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WHEREAS, on December 10, 2012, defendants filed a motion to dismiss, noticing the
hearing on said motion for January 17, 2013;

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WHEREAS, pursuant to Local Rule 7-3, plaintiff’s opposition to the defendants’ motion

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must be filed by December 24, 2012 and defendants’ reply to plaintiffs’ opposition must be filed

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by December 31, 2012;

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WHEREAS, on December 21, 2012, defendants’ counsel contacted plaintiff’s counsel

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seeking a stipulation to renotice the defendants’ motion to dismiss for January 31, 2013 and to

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extend the briefing schedule; and

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WHEREAS, counsel have agreed to move the hearing on defendants’ motion to dismiss to
January 31, 2013, and arrived at a mutually agreeable briefing schedule.

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Pursuant to Local Rule 6-2, IT IS HEREBY STIPULATED by the parties, through their
undersigned counsel, that:
1. At defendants’ request, the hearing on defendants’ motion to dismiss is hereby

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renoticed for January 31, 2013 at 10:00am before the Honorable Magistrate Judge James in

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Courtroom B.

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2. The deadline for plaintiff to file its opposition to the motion to dismiss is extended to
January 14, 2013.
3. The deadline for defendants to file the reply in support of their motion to dismiss is
extended to January 22, 2013.

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SO STIPULATED:

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12/21/12
Date

/s/Cedric Chao
Cedric C. Chao
Morrison & Foerster
Counsel for Plaintiffs

12/22/12
Date

/s/ Kathy Wyer
Kathryn Wyer
United States Department of Justice
Counsel for Defendants

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STIPULATION TO RENOTICE HEARING ON DEFENDANTS’ MOTION TO DISMISS
sf-3232989

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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January 3, 2013
Date

Hon. Maria Elena James
United States Magistrate Judge