Kathleen Marchetti v. State of California Department of Motor Vehicles et al

Filing 63

ORDER granting 62 STIPULATION WITH PROPOSED ORDER for extension of time. Replies due by 8/8/2016. Signed by Judge William H. Orrick on 08/03/2016. (jmdS, COURT STAFF) (Filed on 8/3/2016)

1 SEDGWICK LLP
MICHAEL L. FOX, State Bar No. 173355
2 [e-mail]
SEAN PATTERSON, State Bar No. 234565
3 [e-mail]
333 Bush Street, 30th Floor
4 San Francisco, CA 94104-2834
Telephone: [phone]
5 Facsimile: 415.781.2635
6 Attorneys for Defendants
JUDICIAL COUNCIL OF CALIFORNIA (sued
7 as "THE CALIFORNIA JUDICIAL COUNCIL,
a public entity"), SUPERIOR COURT OF
8 CALIFORNIA, COUNTY OF SAN
FRANCISCO (sued as "SUPERIOR COURT
9 OF CALIFORNIA, a public entity" and
"CLERK OF THE SUPERIOR COURT OF
10 CALIFORNIA, a public entity), TIM
GUINASSO (sued as "TIM LNU, Clerk of the
11 Superior Court") and JEANNETTE SANTOS
(sued as JEANETTE LNU, Clerk of the
12 Superior Court")
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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17 KATHLEEN MARCHETTI,

Case No. 3:15-cv-05523-WHO

18

STIPULATION TO EXTEND THE TIME
FOR DEFENDANTS TO FILE A REPLY
IN SUPPORT OF THEIR MOTIONS TO
DISMISS AND [PROPOSED] ORDER

19

Plaintiff,
v.

20 STATE OF CALIFORNIA, by and through
the Department of Motor Vehicles, a public
21 entity SUPERIOR COURT OF
CALIFORNIA, a public entity, CLERK OF
22 THE SUPERIOR COURT OF CALIFORNIA,
a public entity, THE CALIFORNIA
23 JUDICIAL COUNCIL, a public entity, TIM
LNU, Clerk of the Superior Court,
24 JEANNETTE LNU, Clerk of the Superior
Court, ALLIANCE ONE,
25
Defendants.
26

Date: August 24, 2016
Time: 9:00 a.m.
Dept: Courtroom 2, 17th Floor
Complaint Filed:
Complaint Served:

December 2, 2015
February 1 and 2, 2016

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Case No. 3:15-cv-05523-WHO
-1STIPULATION TO EXTEND THE REPLY DATE

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TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:

2

Defendants JUDICIAL COUNCIL OF CALIFORNIA, SUPERIOR COURT OF

3 CALIFORNIA, COUNTY OF SAN FRANCISCO, TIM GUINASSO and JEANNETTE
4 SANTOS (collectively referred to as "Judicial Defendants"), ALLIANCE ONE RECEIVABLES
5 MANAGEMENT, INC. (erroneously sued herein as "ALLIANCE ONE"), and STATE OF
6 CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES ("DMV") and JEAN SHIOMOTO,
7 Director of the DMV (collectively referred to as "DMV defendants") (all defendants collectively
8 referred to as "Defendants") and Plaintiff Kathleen Marchetti (collectively referred to as the
9 "Parties"), by and through their counsel, hereby submit this stipulation in support of their joint
10 request that this Court permit the Defendants to file and serve their replies in support of their
11 respective Motions to Dismiss up to and including August 8, 2016.
12

DMV defendants filed their Motion to Dismiss Plaintiff's First Amended Complaint on

13 July 11, 2016. Judicial Defendants filed their Motion to Dismiss Plaintiff's First Amended
14 Complaint on July 13, 2016. Defendant Alliance One Receivables Management, Inc. filed its
15 Motion to Dismiss Plaintiff's First Amended Complaint on July 18, 2016.
16

On August 1, 2016, Plaintiff filed a single omnibus opposition to the Defendants' three

17 separate motions to dismiss (the "Opposition").
18

Without waiving any arguments regarding the timeliness of Plaintiff's Opposition, the

19 Parties agree and stipulate that the Defendants may file reply briefs in support of their Motions to
20 Dismiss Plaintiff's First Amended Complaint up to and including August 8, 2016.
21 DATED: August 3, 2016

SEDGWICK LLP

22
23

By:

24
25
26
27

/s/ Michael L. Fox
Michael L. Fox
Sean Patterson
Attorneys for Defendants
JUDICIAL COUNCIL OF CALIFORNIA,
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN FRANCISCO, TIM
GUINASSO and JEANNETTE SANTOS

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83604471v1

Case No. 3:15-cv-05523-WHO
-2STIPULATION TO EXTEND THE REPLY DATE

1 DATED: August 2, 2016

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By:

3
4
5
6
7
8

DATED: August 2, 2016

9

/s/ Jon James
Pamela M. Ferguson
Jon James
Attorneys for Defendant
ALLIANCE ONE RECEIVABLES
MANAGEMENT, INC.

OFFICE OF THE ATTORNEY GENERAL
By:

10
11
12

/s/ Raymond W. Hamilton
Raymond W. Hamilton
Attorneys for Defendant
CALIFORNIA DEPARTMENT OF MOTOR
VEHICLES and JEAN SHIOMOTO, Director of
the DMV

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14 DATED: August 3, 2016
15

MURRAY & ASSOCIATES
By:

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17

/s/ Lawrence D. Murray
Lawrence D. Murray
Attorneys for Plaintiff
KATHLEEN MARCHETTI

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19
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[PROPOSED] ORDER EXTENDING THE TIME FOR DEFENDANTS TO FILE REPLY
BRIEFS IN SUPPORT OF THEIR MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED
COMPLAINT
Pursuant to the stipulation between the parties, it is hereby ordered that the Defendants in

22 this action may file reply briefs in support of their Motions to Dismiss Plaintiff's First Amended
23 Complaint up to and including August 8, 2016.
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25
26

IT IS SO ORDERED.
Dated: August 3, 2016
_________________________________________________
UNITED STATES DISTRICT/ MAGISTRATE JUDGE

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Case No. 3:15-cv-05523-WHO
-3STIPULATION TO EXTEND THE REPLY DATE