Cota v. UNITED STATES OF AMERICA et al

Filing 20

ORDER extending the briefing schedule re 19 STIPULATION. Plaintiff's opposition in response to Federal Defendant's motion to dismiss due by 5/24/2013. Federal Defendant's reply due by 6/4/2013. Signed by Judge Hon. Jeffrey S. White on 05/15/2013. (jmdS, COURT STAFF) (Filed on 5/15/2013)

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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 BRIEFLY EXTENDING
BRIEFING SCHEDULE
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, to continue the briefing schedule such that Plaintiff’s opposition papers would be due
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May 24, 2013 (a four day extension) and the Federal Defendants’ reply papers would be due June
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4, 2013 (7 days after the opposition, not including the Memorial Day holiday) for the following
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reasons:
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The Federal Defendants filed a motion to dismiss in this case on May 1, 2013, and this
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motion is set for hearing on June 28, 2013. The parties previously stipulated to an extended
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briefing schedule such that Plaintiff’s opposition papers would be due June 4, 2013 and Federal
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Defendants’ reply papers would be due June 12, 2013. The Court modified these dates, and set
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May 20, 2013 as the deadline for Plaintiff’s opposition papers, and May 28, 2013 as the deadline
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for Defendant’s reply papers.
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STIPULATION AND [PROPOSED] ORDER BRIEFLY EXTENDING BRIEFING SCHEDULE
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C 13-00576 JSW

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Plaintiff’s counsel represents that he has been diligently working on the opposition papers

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since the motion was filed. However, in early May, Plaintiff’s counsel’s spouse developed a

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serious medical condition that required Plaintiff’s counsel to lose four days of work to care for

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his spouse. In light of this information, counsel for the Federal Defendants agrees to Plaintiff’s

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request for additional time. Counsel for Federal Defendants is also appreciative of Plaintiff’s

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counsel’s prior agreements to continue the deadline for the Federal Defendants to respond to the

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Complaint.

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Dated: May 14, 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:
Plaintiff’s opposition to the Federal Defendant’s motion to dismiss shall be filed and

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served no later than May 24, 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 4, 2013.

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DATED: May 15, 2013

_________________________________
HON. JEFFREY S. WHITE
United States District Judge

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STIPULATION AND [PROPOSED] ORDER BRIEFLY EXTENDING BRIEFING SCHEDULE
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C 13-00576 JSW