Somaya et al v. Bank of India

Filing 52

ORDER granting 51 STIPULATION Modifying Briefing Schedule for Motion for Summary Judgment filed by Bank of India Reset Deadlines as to 46 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment. Replies due by 1/28/2014. Signed by Judge Charles R. Breyer on 1/27/2014. (beS, COURT STAFF) (Filed on 1/28/2014) Modified on 1/28/2014 (beS, COURT STAFF).

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PILLSBURY WINTHROP SHAW PITTMAN LLP
MICHAEL J. KASS (148822)
ERICA N. TURCIOS (271655)
Four Embarcadero Center, 22nd Floor
Post Office Box 2824
San Francisco, CA 94126-2824
Telephone: [phone]
Facsimile No.: [phone]

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Attorneys for Defendant
BANK OF INDIA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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ZARIKA SOMAYA,

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Plaintiff,

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vs.

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BANK OF INDIA,

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Defendant.

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Case No. C 12-04926 CRB
STIPULATION AND ORDER MODIFYING
BRIEFING SCHEDULE FOR MOTION FOR
SUMMARY JUDGMENT
Judge:

Hon. Charles R. Breyer

Trial Date:
May 12, 2014
Complaint Filed: July 30, 2012 Superior Court
Removal Filed: Sept. 20, 2012 District Court

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WHEREAS, Defendant Bank of India’s Reply in Support of its Motion for
Summary Judgment (“the Reply”) is currently due January 24, 2014;

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WHEREAS the New York Metropolitan area experienced extreme weather which
limited Defendant’s counsel’s ability to work on the Reply; and

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WHEREAS the Court sua sponte reset the hearing on the Motion for Summary
Judgment for February 7, 2014;

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THE PARTIES HEREBY STIPULATE that Defendant Bank of India’s Reply in

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Support of its Motion for Summary Judgment should be filed on or before January 28,

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2014.

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE
FOR MOTION FOR SUMMARY JUDGMENT
Case No. C 12-04926 CRB

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DATED: January 24, 2014

SHARTSIS FRIESE LLP

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By: /s/ Robert C. Friese
ROBERT C. FRIESE

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Attorneys for Plaintiff
ZARIKA SOMAYA

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DATED: January 24, 2014
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PILLSBURY WINTHROP SHAW
PITTMAN LLP

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By: /s/ Michael J. Kass
MICHAEL J. KASS (SBN 148822)

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Attorneys for Defendant
BANK OF INDIA

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ATTESTATION
I HEREBY ATTEST THAT, PURSUANT TO Local Rule 5-1(i)(3) concurrence in

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the filing of the document has been obtained from the other Signatory for the conformed

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signature (“/s/”) within this electronically-filed document.

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DATED: January 24, 2014

PILLSBURY WINTHROP SHAW
PITTMAN LLP

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By: /s/ Michael J. Kass
MICHAEL J. KASS (SBN 148822)

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Attorneys for Defendant
BANK OF INDIA

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DECLARATION RE: ECF SYSTEM FAILURE ON JANUARY 24, 2014
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I, Deirdre Campino, the undersigned, hereby declare as follows:

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1.

I am over the age of 18 years and am not a party to the within cause. I am

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employed by Pillsbury Winthrop Shaw Pittman LLP in the County of San Francisco, State

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of California.

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE
FOR MOTION FOR SUMMARY JUDGMENT
Case No. C 12-04926 CRB

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I attempted to e-file this Stipulation and [Proposed] Order Modifying

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Briefing Schedule for Motion for Summary Judgment several times using the ECF system

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on the afternoon of Friday, January 24, 2014, but the ECF filing system was down.

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3.

I telephoned the ECF Help Desk at the United States District Court –

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Northern District of California on Friday afternoon after my filing attempts failed, and was

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told that indeed the ECF filing system was down. I explained that the filing deadline was

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Friday, January 24, 2014, and asked if I could do a paper filing. The Clerk told me that a

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paper filing was acceptable.

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This morning, Monday, January 27, 2014, I spoke to Judge Charles Breyer’s

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Clerk and was told to submit the e-filing today with a Declaration regarding the ECF failure

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on Friday.

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I declare under penalty of perjury that the foregoing is true and correct. Executed
this 27th day of January, 2014, at San Francisco, California.

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Deirdre Campino
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ORDER MODIFYING BRIEFING SCHEDULE FOR MOTION FOR SUMMARY

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JUDGMENT

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GOOD CAUSE THEREFORE APPEARING, Defendant Bank of India’s Reply in

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Support of its Motion for Summary Judgment will be filed on or before January 28, 2014.

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Dated: Jan. 27, 2014_____

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404326267v1

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Hon. Charles R. Breyer ERED
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Judge of theSUnited States District Court
I SO O
ITDistrict of California
Northern

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE
FOR MOTION FOR SUMMARY JUDGMENT
Case No. C 12-04926 CRB

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IT IS SO ORDERED.

UNIT
ED

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