Hewlett v. Elder-Hoskins et al

Filing 12

ORDER, granting 11 STIPULATION WITH PROPOSED ORDER re 9 Order on Motion for Extension of Time to File Appellant's Opening Brief filed by Patricia Isabelle Hewlett. Appellant's Opening Brief due by 6/7/2013. Appellee's Response Brief due by 7/15/2013. Appellant's Reply Brief due by 7/31/2013. Signed by Judge Charles R. Breyer on 4/8/2013. (beS, COURT STAFF) (Filed on 4/8/2013)

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Case3:13-cv-00328-CRB Document11 Filed04/04/13 Page1 of 4 1 2 JAMES M. BRADEN (SBN # 102397)) Law Offices of James M. Braden 44 Montgomery Street, Suite 1210 San Francisco, CA 94104 3 4 Telephone: (415) 398-6865 Facsimile: (415) 788-5605 Email: Braden@sf-lawyer.com 5 6 Attorney for Appellant/Defendant Patricia Hewlett 7 8 9 10 11 12 13 JEFFREY L. FILLERUP (SBN # 120543) McKenna Long and Aldridge LLP Rincon Center II 121 Spear St. #20 San Francisco, CA 94105 Telephone: (415) 356-4600 Facsimile: (415) 356-4610 Email: jfillerup@mckennalong.com Attorneys for Appellee/Plaintiff Janina M. Elder-Hoskins, Chapter 11 Trustee 14 15 IN THE UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 18 19 PATRICIA HEWLETT, Appellant/Defendant, 22 Bankruptcy Court Case No. 07-03071 TC v. 20 21 CASE NO. C-13-00328 CRB JANINA MARIA ELDER-HOSKINS, STIPULATION AND [PROPOSED] ORDER EXTENDING BY 60 DAYS APPELLANT’S TIME TO FILE OPENING BRIEF Appellee/Plaintiff. Date: Ex Parte Time: Ex Parte Judge: Hon. Charles R. Breyer 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FILING APPELLANT’S OPENING BRIEF Case3:13-cv-00328-CRB Document11 Filed04/04/13 Page2 of 4 1 Appellant/Defendant Patricia Hewlett (“Appellant”), by and through her newly-retained 2 attorney James Braden, and Appellee/Plaintiff Janina M. Elder-Hoskins (“Appellee”), by and 3 through her attorney Jeffrey Fillerup, hereby stipulate as follows, and ask the Court to approve 4 these terms by an Order confirming them: 5 (1) Appellant previously filed a motion, acting in pro se, for an extension of time to 6 7 8 9 10 11 file her opening brief. The Court granted that motion, which extended the time to file her Appellant’s Opening Brief (“AOB”) from March 11, 2013 to April 8, 2013. (2) On April 3, 2013, Appellant met for the first time with undersigned attorney James Braden. When Braden appreciated that the deadline for filing the AOB is next Monday, April 8, 2013, he informed Appellant that his ability to effectively represent her in this case 12 13 14 would depend upon obtaining a sufficient amount of extended time to file the AOB. (3) Braden spoke this morning with undersigned attorney Jeffrey Fillerup concerning 15 such an extension of time. Braden and Fillerup agreed that Braden, and thus Appellant, may 16 have an extension of time of 60 days from the current due date of April 8, 2013 i.e. through and 17 including June 7, 2013, to file Appellant’s AOB, conditioned on the following additional points 18 19 20 of agreement: (A) Under no circumstances whatsoever will Braden, as Appellant’s attorney, 21 ask for any further extension of time beyond June 7, 2013 to file the AOB. If Braden 22 nevertheless makes such a request, Fillerup and Appellee will oppose it on the ground that it 23 violates this Stipulation and Order. 24 (B) Under no circumstances whatsoever will Appellant herself, even if Braden 25 26 is no longer representing her for whatever reason, including her possible termination of Braden’s 27 28 2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FILING APPELLANT’S OPENING BRIEF Case3:13-cv-00328-CRB Document11 Filed04/04/13 Page3 of 4 1 services, ask for any further extension of time beyond June 7, 2013 to file the AOB. If 2 Appellant nevertheless makes such a request, Fillerup and Appellee will oppose it on the ground 3 that it violates this Stipulation and Order. 4 5 (C) Under no circumstances whatsoever will any new attorney for Appellant, other than Braden, ask for any further extension of time beyond June 7, 2013 to file the AOB. If 6 7 8 9 10 11 any such new attorney nevertheless makes such a request, Fillerup and Appellee will oppose it on the ground that it violates this Stipulation and Order. (4) So long as Appellant timely files the AOB, then Appellee’s response brief will be due on or before July 15, 2013, and Appellant’s reply brief, if any, will be due on or before July 31, 2013. 12 13 (5) The parties agree that Braden may and shall present this executed Stipulation 14 immediately, on an ex parte basis, by electronic filing, and supplemental email or hand-delivery, 15 as may be appropriate, in order to obtain as promptly as possible the Court’s Order confirming 16 and endorsing these agreed terms. 17 Dated: April 4, 2013 Dated: April 4, 2013 MCKENNA LONG AND ALDRIDGE LLP LAW OFFICES OF JAMES BRADEN By: ___/s/_Jeffrey Fillerup________ Jeffrey Fillerup By: ____/s/_James Braden________ James Braden Attorneys for Appellee Janina Maria Elder-Hoskins Attorney for Appellant Patricia Hewlett 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FILING APPELLANT’S OPENING BRIEF Case3:13-cv-00328-CRB Document11 Filed04/04/13 Page4 of 4 ORDER 1 2 GOOD CAUSE APPEARING, the above-stated terms of the parties’ Stipulation are 3 hereby confirmed and adopted as an Order of this Court, so that the due date for Appellant’s 4 Opening Brief is hereby extended form April 8, 2013 to June 7, 2013. Appellee’s response brief 5 is due by July 15, 2013, and Appellant’s reply brief, if any, is due by July 31, 2013. 6 7 S . Breyer ER 16 17 18 19 20 21 22 23 24 25 26 27 4 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FILING APPELLANT’S OPENING BRIEF FO harles R Judge C 15 28 O R NIA IT IS S H 14 RT 13 Judge of the UnitedERED District Court ORD States NO 12 HON. CHARLES R. BREYER LI 11 C A 10 T TA RT U O 9 ISTRIC _________________________ ES D T 8 Dated: April ____, 2013 UNIT ED 8 N F D IS T IC T O R C

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