AFT Local 2121 et al v. Accrediting Commission for Community and Junior Colleges

Filing 19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Stipulation REGARDING BRIEFING SCHEDULE. (ndrS, COURT STAFF) (Filed on 7/1/2016)

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STEPHEN P. BERZON (SBN 46540)
EILEEN B. GOLDSMITH (SBN 218029)
PEDER J. V. THOREEN (SBN 217081)
MEREDITH A. JOHNSON (SBN 291018)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]
ROBERT J. BEZEMEK (SBN 058740)
DAVID CONWAY (SBN 253903)
Law Offices of Robert J. Bezemek
A Professional Corporation
The Latham Square Building
1611 Telegraph Avenue, Suite 936
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

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Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AFT LOCAL 2121, et al.,
Plaintiffs,

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CASE NO. 3:16-cv-03411-HSG
STIPULATION AND ORDER REGARDING
BRIEFING SCHEDULE

vs.
ACCREDITING COMMISSION FOR
COMMUNITY AND JUNIOR COLLEGES,
et al.,
Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE;
CASE NO. 3:16-cv-03411-HSG

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STIPULATION REGARDING BRIEFING SCHEDULE

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WHEREAS Plaintiffs filed their First Amended Complaint in San Francisco Superior Court

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on May 26, 2016, and Defendant Accrediting Commission for Community and Junior Colleges

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removed the action to this Court on June 17, 2016;

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WHEREAS Altshuler Berzon LLP was first brought into this case as co-counsel for

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Plaintiffs on June 22, 2016, and its attorneys are in the process of becoming familiar with the case;

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WHEREAS this action was originally assigned in this Court to Magistrate Judge Spero;

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WHEREAS Defendant filed a Motion to Dismiss in this action on June 24, 2016 and

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originally noticed the motion for hearing before Magistrate Judge Spero on July 29, 2016;

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WHEREAS pursuant to the Local Rules, Plaintiffs’ opposition to the Motion to Dismiss
would be due on July 8, 2016;

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WHEREAS Plaintiffs declined to consent to the Magistrate Judge, and the case has since

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been reassigned to this Court, requiring the Motion to Dismiss to be re-noticed for a new hearing

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date;

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WHEREAS the parties have met and conferred regarding the reassignment of this case, the

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briefing schedule on the Motion to Dismiss, and Plaintiffs’ intention to seek leave to file a Second

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Amended Complaint;

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THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

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1.

Plaintiffs’ Opposition to the Motion to Dismiss shall be due on July 21, 2016.

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2.

Defendant’s Reply shall be due on July 28, 2016.

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3.

Subject to Court approval, the hearing on Defendant’s Motion to Dismiss shall be

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held on August 4, 2016 at 2:00 p.m., or as soon thereafter as is available on the Court’s calendar.
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Plaintiffs shall provide the proposed Second Amended Complaint to Defendants no

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later than July 21, 2016, in order to determine whether the parties can stipulate to the filing of the

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Second Amended Complaint. If the parties stipulate to the filing of the Second Amended

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Complaint, and plaintiff thereafter files the Second Amended Complaint pursuant to the stipulation,

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Defendant with promptly thereafter withdraw its Motion to Dismiss without prejudice to re-filing

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE;
CASE NO. 3:16-cv-03411-HSG

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any motion to dismiss the Second Amended Complaint, in order to avoid duplication of effort by

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the parties and the Court.

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Dated: June 30, 2016

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STEPHEN P. BERZON
EILEEN B. GOLDSMITH
PEDER J. V. THOREEN
MEREDITH A. JOHNSON
Altshuler Berzon LLP
ROBERT J. BEZEMEK
DAVID CONWAY
Law Offices of Robert J. Bezemek

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By:

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Attorneys for Plaintiffs

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s/ Eileen B. Goldsmith
Eileen B. Goldsmith

Dated: June 30, 2016

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KENNETH E. KELLER
THOMAS H. SLOAN, JR.
JENNIFER R. McGLONE
ETHAN I. JACOBS
Keller, Sloan, Roman & Holland LLP
LAURENCE W. KESSENICK
SCOTT C. KESSENICK
Kessenick, Gamma & Free LLP

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By: s/ Thomas H. Sloan, Jr.
Thomas H. Sloan, Jr.

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ORDER
Pursuant to Stipulation, IT IS SO ORDERED. The hearing on Defendant’s Motion to

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Dismiss is set for August 4, 2016 at 2:00 p.m.

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Dated: July 1, 2016

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_________________________________
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE;
CASE NO. 3:16-cv-03411-HSG