Net Connection Hayward, LLC v. City of Hayward

Filing 38

STIPULATION AND ORDER to Extend Time to File Supplemental Reply Brief. Signed by Judge Samuel Conti on 05/21/2013. (tmi, COURT STAFF) (Filed on 5/22/2013)

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DOWNEY BRAND LLP
STEPHEN J. MEYER (Bar No. 75326)
TORY E. GRIFFIN (Bar No. 186181)
KELLY L. POPE (Bar No. 235284)
1420 Rocky Ridge Dr., Suite 250
Roseville, CA 95661-2859
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Net Connection Hayward, LLC

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MICHAEL S. LAWSON (SBN 048172)
City Attorney
MICHAEL G. VIGILIA (SBN 228353)
Assistant City Attorney
CITY OF HAYWARD
777 B Street, 4th Floor
Hayward, CA 94541-5007
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant City of Hayward

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Net Connection Hayward, LLC, a
California limited liability company,
Plaintiff,

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Case No. C13-1212 SC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
SUPPLEMENTAL REPLY BRIEF

v.
City of Hayward,
Defendant.

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On May 2, 2013, this Court issued an order requesting supplementary briefing after an
evidentiary hearing on Plaintiff Net Connection Hayward, LLC’s (“Net Connection”) motion for

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1310428.1

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STIPULATION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL REPLY BRIEF

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preliminary injunction. The Court set the briefing schedule as follows: Net Connection’s

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supplementary opening brief was to be filed within ten days of the Court’s order. Defendant the

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City of Hayward (the “City of Hayward”) then has ten days from the filing date of Net

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Connection’s brief to submit its supplementary opposition brief. Net Connection then has five

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days to submit a supplemental reply brief.

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Net Connection filed its supplementary opening brief on May 13, 2013. As a result, the

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City of Hayward’s supplementary opposition brief is due May 23, 2013 and Net Connection’s

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supplementary reply brief is due May 28, 2013, per Fed. R. Civ. P. 6(a).

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Given that three of the five days in which Net Connection has to file a reply brief fall on a

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holiday weekend (May 25-27), Net Connection requested that the City stipulate to allowing Net

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Connection an additional two days, until May 30, to file its reply brief. The City graciously

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granted this request.

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Accordingly, the parties, by and through their counsel of record, HEREBY STIPULATE

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to extend the time Net Connection has to file its supplementary reply brief presently due on May

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28, 2013. The deadline to file Net Connection’s reply brief under the Court’s May 2, 2013 Order

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shall be extended up to and including May 30, 2013.

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IT IS SO STIPULATED.

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DATED: May 16, 2013

DOWNEY BRAND LLP

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By:

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/s Tory E. Griffin
TORY E. GRIFFIN
Attorney for Plaintiff
Net Connection Hayward, LLC

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1310428.1

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STIPULATION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL REPLY BRIEF

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DATED: May 16, 2013

MICHAEL S. LAWSON, CITY ATTORNEY

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By:

s/ Michael G. Vigilia (as authorized 5/16/13)
MICHAEL G. VIGILIA
Assistant City Attorney, City of Hayward
Attorney for Defendant City of Hayward

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ORDER

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Based on the stipulation of the parties, and good cause appearing therefore, the Court

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reply brief shall now be filed on or before May 30, 2013.

05/21/2013
DATED:__________________________

a
Judge S

RT

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nti

muel Co

NO

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FO

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R NIA

___________________________________
UNITED STATES DISTRICT JUDGE

H

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RT
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IT IS SO ORDERED.

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S DISTRICT
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by the Court’s May 2, 2013 Order by an additional two days. Net Connection’s supplemental

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hereby extends the deadline for Net Connection to file its supplementary reply brief as required

UNIT
ED

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N

D IS T IC T
R

OF

C

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1310428.1

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STIPULATION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL REPLY BRIEF