Lovett v. Omni Hotels & Resorts et al

Filing 94

STIPULATION AND ORDER RE [#93] Extending Omni's Time to Reply to Plaintiff's Summary Judgment Opp; Extending Plaintiff's Time to Reply to Omni's Op filed by Omni Hotels & Resorts, Omni Hotels Management Corporation. Signed by Judge Richard Seeborg on 9/17/15. (cl, COURT STAFF) (Filed on 9/17/2015)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
THOMAS A. RECTOR, SB# 199175
E-Mail: [e-mail]
2
GREGORY B. CHIN, SB# 241126
E-Mail: [e-mail]
3
333 Bush Street, Suite 1100
4 San Francisco, California 94104-2872
Telephone: [phone]
5 Facsimile: 415.434.0882
6 Attorneys for Defendant OMNI HOTELS MANAGEMENT CORPORATION
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
9
10
JENNIFER K. LOVETT,

CASE NO. 3:14-CV-02844-RS

11
Plaintiff,
12
vs.
13
OMNI HOTELS & RESORTS, OMNI
14 HOTELS MANAGEMENT
CORPORATION, and DOES ONE through
15 ONE HUNDRED
Defendants.

16
17

STIPULATION AND [PROPOSED]
ORDER:
(1) EXTENDING OMNI’S TIME TO
REPLY TO PLAINTIFF’S SUMMARY
JUDGMENT OPPOSITION [DKT. 89]
(2) EXTENDING PLAINTIFF’S TIME TO
REPLY TO OMNI’S OPPOSITION TO
MOTION TO AMEND [DKT. 90]; AND
(3) PERMITTING PLAINTIFF TO LATEFILE DECLARATION IN SUPPORT OF
HER OPPOSITION TO OMNI'S MOTION
FOR SUMMARY JUDGMENT

18
19

Pursuant to Civil Local Rule 7-12, plaintiff Jennifer K. Lovett and defendant Omni Hotels

20 Management Corporation (“Omni”) stipulate as follows:
21

WHEREAS, on July 2, 2015, Omni filed a Motion for Summary Judgment (Dkt. 59);

22

WHEREAS, the Court set a September 25, 2015 deadline for Omni’s reply brief (Dkt. 68);

23

WHEREAS, on August 28, 2015, Plaintiff filed a Motion for Leave to Amend (Dkt. 83);

24

WHEREAS, the Court set both motions for hearing on November 5, 2015 (Dkt. 86);

25

WHEREAS, Omni’s counsel had a bench trial in San Francisco Superior Court this week

26 and therefore requests additional time to file its Reply;
27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

WHEREAS, Plaintiff does not oppose Omni’s request for a one-week extension to file its

28 Reply;
4814-5585-7960.1

3:14-CV-02844-RS
1
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND RE: OMNI'S MSJ AND
PLAINTIFF'S MOTION TO AMEND AND PERMITTING PLAINTIFF TO FILE ADDT'L EVIDENCE

WHEREAS, Plaintiff was unable to speak with declarant Mark Cibrario and obtain his

1

2 declaration until after the deadline for her opposition to Summary Judgment and wishes to file the
3 Declaration of Mark Cibrario in support of her Opposition;
4

IT IS THEREFORE STIPULATED as follows:

5

1.

Omni shall have until October 2, 2015 to file its reply in support of Summary

6 Judgment. The deadline is extended by one week from September 25 to October 2, 2015;
2.

7

Plaintiff shall have until September 25, 2015 to file her reply in support of her

8 Motion to Amend. The deadline is extended by one week from September 18 to September 25,
9 2015;
10

3.

Plaintiff shall be permitted to file the Declaration of Mark Cibrario. Omni waives

11 any objection to timeliness but preserves all other objections to his declaration; and
12

4.

The hearing date on both motions remains November 5, 2015.

13
14 DATED: September 16, 2015

WALKUP, MELODIA, KELLY, & SCHOENBERGER

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16

By:

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/s/ Doris Cheng
Doris Cheng
Attorney for Plaintiff JENNIFER LOVETT

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19

DATED: September 16, 2015

LEWIS BRISBOIS BISGAARD & SMITH

LLP

20
By:

21
22
23

/s/ Thomas A. Rector
Thomas A. Rector
Attorneys for Defendant OMNI HOTELS
MANAGEMENT CORPORATION

24 IT IS SO ORDERED.
25 DATED: ___________
9/17/15
26

RICHARD SEEBORG
United States District Judge

27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28

4814-5585-7960.1 c

3:14-CV-02844-RS
2
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND RE: OMNI'S MSJ AND
PLAINTIFF'S MOTION TO AMEND AND PERMITTING PLAINTIFF TO FILE ADDT'L EVIDENCE