Cota v. UNITED STATES OF AMERICA et al

Filing 18

ORDER GRANTING AS MODIFIED 14 STIPULATION SETTING BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/21/2013. Responses due by 5/20/2013. Replies due by 5/28/2013. Initial Case Management Conference set for 6/28/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/2/13. (jjoS, COURT STAFF) (Filed on 5/2/2013)

Case3:13-cv-00576-JSW Document14 Filed04/30/13 Page1 of 2

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
MICHAEL T. PYLE (CSBN 172954)
Assistant United States Attorney
150 Almaden Blvd., Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CAPTAIN JOHN J. COTA,
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Plaintiff,
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v.
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UNITED STATES OF AMERICA ET AL., )
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Defendants.
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)

No. 13-00576 JSW
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE AND CONTINUING CASE
MANAGEMENT CONFERENCE
AS MODIFIED
Hon. Jeffrey S. White

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IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of
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the Court, as follows.
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Federal Defendants will be filing a motion to dismiss this case on May 1, 2013 and will set it
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for hearing on June 28, 2013. The parties stipulate to an extended briefing schedule such that
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Plaintiff’s opposition papers would be due June 4, 2013 and Federal Defendants’ reply papers
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would be due June 12, 2013. The parties further stipulate to move the initial Case Management
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Conference from May 10, 2013 at 1:30 p.m. to the date of the hearing on the Federal Defendant’s
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motion to dismiss or such other date as the Court deems appropriate. The parties believe it
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would be more efficient for the parties and the Court to continue the Case Management
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Conference until the hearing on the motion to dismiss or such other date as the Court deems
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appropriate. Plaintiff requests the additional time for the filing of its opposition papers (from
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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE & CONTINUING CMC
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C 13-00576 JSW

Case3:13-cv-00576-JSW Document14 Filed04/30/13 Page2 of 2

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May 15, 2013 to June 4, 2013) because of plaintiff’s counsel’s schedule and plaintiff’s counsel’s

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prior agreements to continue the deadline for the Federal Defendants to respond to the

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Complaint. Furthermore, at Plaintiff’s counsel’s request, counsel for the Federal Defendant has

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outlined the grounds for the motion to dismiss and Plaintiff’s counsel believes additional time

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will be necessary to respond to the anticipated arguments. Federal Defendant’s counsel requests

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one extra day to file reply papers as counsel has a prior obligation on June 11, 2013.

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Dated: April 29, 2013

Respectfully submitted,
MELINDA HAAG
United States Attorney

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/s/ Michael T. Pyle
By:

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Michael T. Pyle
Assistant U.S. Attorney
Attorneys for Federal Defendants

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SINUNU BRUNI LLP

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/s/ John F. Meadows
/s/ Leopoldo J. Chanco

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By:

JOHN F. MEADOWS
LEOPOLDO J. CHANCO
Attorneys for Plaintiff
CAPTAIN JOHN J. COTA

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Plaintiff’s opposition to the Federal Defendant’s motion to dismiss shall be filed and
May 20,
served no later than June 4, 2013. Federal Defendant’s reply in support of its motion to dismiss
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shall be filed and served no later than June 12, 2013. The initial Case Management Conference

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June 28
is continued until _________, 2013. The parties shall submit a joint Case Management

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Conference Statement at least five court days in advance of the conference.

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DATED: May 2, 2013

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_________________________________
HON. JEFFREY S. WHITE
United States District Judge

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE & CONTINUING CMC
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C 13-00576 JSW