Cuevas v. Skywest Airlines et al

Filing 86

ORDER granting 83 STIPULATION re 73 MOTION for Summary Judgment or in the Alternative for Summary Adjudication of Claims Request to Continue Hearing Date filed by Juan Cuevas. Reset Deadlines as to 73 MOTION for S ummary Judgment or in the Alternative for Summary Adjudication of Claims. Responses due by 1/3/2014. Replies due by 1/20/2014. Motion Hearing reset for 2/7/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 12/17/2013. (beS, COURT STAFF) (Filed on 12/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN CUEVAS,
Plaintiff,

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vs.
SKY WEST AIRLINES and
JUAN DE LA CRUZ,

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Defendants.

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) Case No. C 12-05916 CRB
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) STIPULATED REQUEST TO CONTINUE
) HEARING DATE AND ORDER
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WHEREAS, the Court ordered defendant SkyWest Airlines, Inc., (“SkyWest”) to

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file any motion for summary judgment herein by December 6, 2013, with a noticed hearing

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date in "late January or early February…." (See Civil Minutes of June 28, 2013 (Dkt. No.

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42).)

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WHEREAS, SkyWest filed a Motion for Summary Judgment (“the Motion”) against

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plaintiff Juan Cuevas (“Cuevas”) on December 6, 2013, (Dkt. No. 72) and noticed the same

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for hearing on January 17, 2014;

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WHEREAS, SkyWest inadvertently omitted a “Summary of the Argument” from its
moving papers as required by Judge Breyer’s Standing Orders;

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Rufus L. Cole & Associates
201 Mission St., Suite 1200
San Francisco, CA 941025
Telephone: [phone]

-2STIPULATED REQUEST TO CONTINUE HEARING DATE AND [PROPOSED] ORDER

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WHEREAS, under the Civil Local Rules pertaining to Motion Practice Cuevas

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would have 14 days from the date of filing in which to file his opposition to the Motion and

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SkyWest would have 7 days thereafter in which to file its reply (see Civ. L.R. 7-3);

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WHEREAS, the commentary to the local rules states that the response and reply

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time provided by the rules for motions are intended to be the minimum time periods and that

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the parties are encouraged to stipulate to correspondingly longer notice, response, and reply

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periods for more complex motions (see Civ. L.R. 7-2(b));

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WHEREAS, both SkyWest and Cuevas agree that SkyWest’s motion for summary

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judgment is complex and will require more than the minimum opposition and reply times in

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order to address the issues and evidence set forth in the motion and in support thereof;
WHEREAS, both SkyWest and Cuevas agree that Cuevas will serve both counsel

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for SkyWest (separately) by overnight mail with his opposition brief and supporting papers;

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WHEREAS, both SkyWest and Cuevas agree that SkyWest’s agreement hereto is

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merely a courtesy extension on the time in which to respond and nothing in this stipulation

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indicates that SkyWest agrees that additional discovery related to summary judgment is

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justified or needed;
WHEREAS, the only other time modification in this case was a joint stipulation to

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extend the time for responsive pleadings filed on January 18, 2013 (Dkt. No. 3);
WHEREAS, the parties do not believe that the time modification requested pursuant

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to this stipulation would have any material effect on the schedule for this case;

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NOW, THEREFORE, the parties stipulate to the following:

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1. The hearing on the Motion shall be rescheduled for February 7, 2014, at 10:00

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a.m.;
2. Cuevas’ opposition and supporting papers will be filed and served by no later
than January 3, 2014;
3. SkyWest’s reply and any related papers will be filed and served by no later than
January 20, 2014; and

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Rufus L. Cole & Associates
201 Mission St., Suite 1200
San Francisco, CA 941025
Telephone: [phone]

-3STIPULATED REQUEST TO CONTINUE HEARING DATE AND [PROPOSED] ORDER

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4. SkyWest shall have up to and including December 20, 2013 to file and serve a

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“Summary of the Argument” in support of its Motion for Summary Judgment consistent

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with Judge Breyer’s standing orders.

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Respectfully stipulated to by:

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December 13, 2013

/s/ Rufus L. Cole
Rufus L. Cole, Counsel for Plaintiff
Juan Cuevas

December 13, 2013

/s/ Gregory M. Saylin
Gregory M. Saylin, Counsel for Defendant
SkyWest Airlines, Inc.

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ATTESTATION OF CONCURRENCE

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I hereby attest that concurrence in the filing of the document has been obtained from
each of the other signatories in lieu of their signature(s) on the document

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/s/ Rufus L. Cole
Rufus L. Cole, Counsel for Plaintiff
Juan Cuevas

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Hon. Charles R. Breyer
reyer
rles R. B
dge Cha
Ju
United States District Judge
NO

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December 17, 2013

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Rufus L. Cole & Associates
201 Mission St., Suite 1200
San Francisco, CA 941025
Telephone: [phone]

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F:\CUEVAS\PLEAD\Stipulation Requiest to Continue Hearing Date 13.1212.docx

-4STIPULATED REQUEST TO CONTINUE HEARING DATE AND [PROPOSED] ORDER