Burmeister v. United States Department of Health and Human Services et al

Filing 29

STIPULATION AND MODIFIED ORDER RE THE PARTIES' BRIEFING SCHEDULE AS TO CROSS MOTIONS FOR SUMMARY JUDGMENT AND 27 MOTION to Amend/Correct 24 MOTION for Summary Judgment CORRECTED HEARING DATE. Motion Hearing set for 8/28/2014 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Vince Chhabria. Signed by Judge Vince Chhabria on 6/23/2014. (knm, COURT STAFF) (Filed on 6/24/2014)

1
2
3
4
5
6

Bruce H. Jackson (State Bar No. 98118)
[e-mail]
Edward D. Burmeister (State Bar No. 56655)
[e-mail]
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111-3802
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JEANNETTE K. BURMEISTER

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

10
11
JEANNETTE K. BURMEISTER,

Case No. 14-CV-00133-VC

12
Plaintiff,
13

Date Complaint Filed: January 9, 2014
v.

14
15
16

UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, AND
ITS COMPONENT, THE NATIONAL
INSTITUTES OF HEALTH,

STIPULATION AND [PROPOSED]
ORDER REGARDING THE PARTIES’
BRIEFING SCHEDULE OF
CROSS MOTIONS FOR SUMMARY
JUDGMENT_AS MODIFIED

17
Defendants.
18
19

Hearing Date for Summary Judgment
Motion:
August 28, 2014
Time:
10:00 a.m.
Courtroom: 4 - 17th Floor

20
Before the Honorable Vince Chhabria
21
22
23
24
25
26
27
28
Baker & McKenzie LLP
Two Embarcadero Center
11th Floor
San Francisco, CA 94111
Tel: [phone]

CASE NO. 14-CV-00133-VC
STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE OF CROSS-MOTIONS FOR SUMMARY JUDGMENT
6712692-v2\SFODMS

1

STIPULATION

2

Pursuant to Civil L.R. 6-1 and § 17 of the Standing Order for Civil Cases Before Judge Vince

3
4

Chhabria, Plaintiff Jeannette K. Burmeister (“Plaintiff”) and Defendants the United States
Department of Health and Human Services, and its component, The National Institutes of Health,

5
6
7
8

(the “Federal Defendants”) (collectively “the Parties”), by and through their respective counsel, have
conferred and submit this Stipulation regarding the following briefing schedule for the cross-motions
for summary judgment:

9
10

WHEREAS, on June 16, 2014, the Federal Defendants filed with the Court their opening
brief in support of their Motion for Summary Judgment;

11

WHEREAS, Plaintiff will oppose that motion and intends to file her own Cross-Motion for

12
Summary Judgment;
13
WHEREAS, the Parties have conferred on a hearing date for both motions and a briefing

14
15

schedule consistent with § 17 of the Standing Order for Civil Cases Before Judge Vince Chhabria;

16

WHEREAS, Plaintiff will file her opening/opposition brief in support of her Cross-Motion

17

for Summary Judgment, and in response to the Federal Defendants’ opening brief in support of their

18

Motion for Summary Judgment on or before July 10, 2014;

19

WHEREAS, the Federal Defendants will file their opposition/reply brief in response to

20
Plaintiff’s Cross-Motion for Summary Judgment, and in support of their own Motion for Summary
21
22

Judgment on or before July 31, 2014;
WHEREAS, Plaintiff will file her reply brief in support of her Cross-Motion for Summary

23
24

Judgment on or before August 14, 2014;

25

///

26

///

27
28
Baker & McKenzie LLP
Two Embarcadero Center
11th Floor
San Francisco, CA 94111
Tel: [phone]

1
CASE NO. 14-CV-00133-VC
STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE OF CROSS-MOTIONS FOR SUMMARY JUDGMENT
6712692-v2\SFODMS

1
2
3
4

THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties as
follows:
The hearing date on both motions will be August 28, 2014 at 10:00 a.m. in courtroom 10,
19th Floor, 450 Golden Gate Ave., San Francisco;

5
6
7

Plaintiff’s opening/opposition brief will be due on or before July 10, 2014;
The Federal Defendants’ opposition/reply brief will be due on or before July 31, 2014; and

8

Plaintiff’s reply brief will be due on or before August 14, 2014, as required by § 17 of the

9

Standing Order for Civil Cases Before Judge Vince Chhabria, no later than 14 days before

10

the hearing date.

11
12

IT IS SO STIPULATED.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Baker & McKenzie LLP
Two Embarcadero Center
11th Floor
San Francisco, CA 94111
Tel: [phone]

2
CASE NO. 14-CV-00133-VC
STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE OF CROSS-MOTIONS FOR SUMMARY JUDGMENT
6712692-v2\SFODMS

1

Dated: June 18, 2014

2

BAKER & McKENZIE LLP
Bruce H. Jackson
Edward D. Burmeister

3
By: /s/ Bruce H. Jackson
Bruce H. Jackson
Edward D. Burmeister
Attorneys for Plaintiff
JEANNETTE K. BURMEISTER

4
5
6
7
Dated: June 18, 2014
8

MELINDA HAAG
United States Attorney

9
10

By: /s/ Abraham A. Simmons
Abraham A. Simmons
Attorneys for the Federal Defendants
United States Department of Health and
Human Services, and
The National Institutes of Health

11
12
13
14
15
16

ATTESTATION
17
18
19
20

I, Bruce H. Jackson, attest that I am one of the attorneys for Plaintiff Jeannette K.
Burmeister. As the ECF user and filer of this document, I attest that concurrence in the filing of this
document has been obtained from its signatories.

21
Dated: June 18, 2014
22

/s/ Bruce H. Jackson
Bruce H. Jackson

23
24

*********************

25
26
27
28
Baker & McKenzie LLP
Two Embarcadero Center
11th Floor
San Francisco, CA 94111
Tel: [phone]

3
CASE NO. 14-CV-00133-VC
STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE OF CROSS-MOTIONS FOR SUMMARY JUDGMENT
6712692-v2\SFODMS

1

Jeannette K. Burmeister v. United States Department Of Health

2

And Human Services, And Its Component, The National Institutes Of Health

3

United States District Court for the Northern District of California-San Francisco Division

4

Case No. Case No. 14-CV-00133-VC

5
[PROPOSED] ORDER

6
7
8

PURSUANT TO STIPULATION, the following is ORDERED:

9
The briefing schedule for the Parties’ Cross-Motions for Summary Judgment is as follows:
10
11

The hearing date on both motions will be August 28, 2014 at 10:00 a.m. in courtroom 10,

12

19th Floor, 450 Golden Gate Ave., San Francisco;

13

Plaintiff Jeannette Burmeister’s opening/opposition brief is due on or before July 10, 2014;

14

The Federal Defendants’ opposition/reply brief is due on or before July 31, 2014; and

15

Plaintiff Burmeister’s reply brief is due on or before August 14, 2014.

16
17
18

IT IS SO ORDERED.

19
20
21

Dated: June 23, 2014
The Honorable Vince Chhabria
United States District Judge

22
23
24
25
26
27
28
Baker & McKenzie LLP
Two Embarcadero Center
11th Floor
San Francisco, CA 94111
Tel: [phone]

1
CASE NO. 14-CV-00133-VC
STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE OF CROSS-MOTIONS FOR SUMMARY JUDGMENT
6712692-v2\SFODMS