City of Berkeley et al v. United States Postal Service et al

Filing 36

ORDER GRANTING 35 RENEWED APPLICATION FOR ENLARGEMENT OF TIME TO FILE REPLY PAPERS IN SUPPORT OF PRELIMINARY INJUNCTION.(whalc2, COURT STAFF) (Filed on 12/3/2014)

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ZACH COWAN, City Attorney (SBN 96372)
ZCowan@cityofberkeley .info
CITY OF BERKELEY
2180 Milvia Stteet, Fourth Floor
Berkeley, CA 94704
TEL.: [phone]
FAX: [phone]
ANTONIO ROSSMANN, Special Counsel (SBN 51471)
ROGER B. MOORE (SBN 159992)
AR(a),landwater. com
[e-mail]
ROSSMANN AND MOORE, LLP
2014 Shattuck Avenue
Berkeley, CA 94704
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiffs
CITY OF BERKELEY, et al.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CITY OF BERKELEY;·MAYOR AND
MEMBERS OF THE CITY COUNCIL
OF THE CITY OF BERKELEY,

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Plaintiff,
vs.
UNITED STATES POSTAL SERVICE; PATRICK R.
DONAHOE AS POSTMATER GENERAL OF THE
UNITED STATES POSTAL SERVICE; TOM A.
SAMRA, VICE PRESIDENT-FACILITIES OF THE
UNITED STATES POSTAL SERVICE; DIANA
ALVARADO, DIRECTOR, REAL ESTATE, USPS
PACIFIC REGION;

NO.

CV14-04916 WHA

RENEWED APPLICATION FOR
ENLARGEMENT OF TIME TO
FILE REPLY PAPERS IN
SUPPORT OF PRELIMINARY
INJUNCTION
PROPOSED ORDER
DATE:
TIME:
nJDGE: Hon.
COURTROOM:

December 11,2014
8:00 AM
William Alsup
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Defendants.

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Plaintiffs City of Berkeley et a!. apply to the Court for an order enlarging the time to file

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their reply papers in support of preliminary injunction, extending the time from 10:00 AM today,

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December 2, 2014 to 1:30PM today, December 2.

APPLICATION FOR ENLARGEMENT OF TIME

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When the Court issued its order granting in part and denying in part stipulation to extend
time, and set the due date for reply of2 December [Doc.l8), plaintiffs' counsel, including lead
counsel the undersigned, failed to note the hourly due time of 10:00 AM. Plaintiffs had been

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preparing their papers with the expectation of filing between 2:00 and 3:00 this afternoon,
December2.

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At approximately 10:20 this morning Assistant United States Attorney Erica Hitchings
sent the undersigned a message reminding him ofthe 10:00 AM deadline in the Court's order.
For this courtesy plaintiffs and their counsel are deeply grateful.

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Having become aware of'their error, plaintiffs' counsel accelerated to the greatest degree

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possible their final preparations, and submitted their filing of the reply memorandum and

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exhibits and declaration in support by approximately 1:20 this afternoon. To guard against

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delays in transmission, plaintiffs seek enlargement to the hour of 1:30.

Assistant United States Attorney Erica Hitchings has advised the undersigned that
defendants do not oppose the enlargement of time.

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Plaintiffs, and their lead counsel in particular, apologize to the Court and to the counsel
for defendants for failing to note the deadline hour, and failing to submit their filing by the
established deadline of 10:00 AM.

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Dated: 2 December 2014

Respectfully submitted,
ANTONIO ROSSMANN, Special Counsel (SBN 51471)
ROSSMANN AND MOORE, LLP

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By:

·c;J-d(~
Antonio Rossmann

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Attorneys for Plaintiffs
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CITY OF BERKELEY, eta!

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APPLICATION FOR ENLARGEMENT OF TIME

[PROPOSED] ORDER

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Good cause appearing from the plaintiffs' application for enlargement of time, and the
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defendants' non-objection to that enlargement, it is ordered that the plaintiffs' reply brief in

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support of preliminary injunction, declaration of Zach Cowan, and plaintiffs' exhibits 29 and 30

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be filed this date.

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December 3, 2014.
Dated:- - - - - - - UNITED STATES DISTRICT JUDGE

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APPLICATION FOR ENLARGEMENT OF TIME