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

Filing 21

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Stipulation REGARDING BRIEFING SCHEDULE. (ndrS, COURT STAFF) (Filed on 7/19/2016)

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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]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AFT LOCAL 2121, et al.,

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Plaintiffs,

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SECOND STIPULATION AND ORDER
REGARDING BRIEFING SCHEDULE

vs.

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CASE NO. 3:16-cv-03411-HSG

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

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Defendants.

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

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SECOND 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 still in the process of becoming familiar with the

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case;

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

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WHEREAS the parties previously requested an adjustment of the briefing and hearing

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schedule on Defendant’s Motion to Dismiss, in part to enable the parties to meet and confer

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regarding Plaintiffs’ intention to file a Second Amended Complaint;

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WHEREAS the Plaintiffs have requested additional time to prepare their intended proposed

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Second Amended Complaint and the Defendant has agreed to extend the requested additional time

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in order to receive and review the proposed Second Amended Complaint and to meet and confer

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regarding whether the parties can agree to stipulate to it being filed;

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WHEREAS if the parties stipulate to the filing of the Second Amended Complaint, they

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will avoid devoting further time and resources to litigating the Defendant’s pending Motion to

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Dismiss the First Amended Complaint;

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WHEREAS the proposed briefing and hearing schedule set forth below is also necessary to
accommodate Defendant’s counsel’s trial schedule in another matter;

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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 August 11, 2016.

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2.

Defendant’s Reply shall be due on August 18, 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 25, 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 Defendant no

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later than August 11, 2016, in order to determine whether the parties can stipulate to the filing of

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the Second Amended Complaint. If the parties stipulate to the filing of the Second Amended
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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE;
CASE NO. 3:16-cv-03411-HSG

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Complaint, and Plaintiffs thereafter file the Second Amended Complaint pursuant to the

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stipulation, Defendant will promptly thereafter withdraw its Motion to Dismiss without prejudice

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to re-filing any motion to dismiss the Second Amended Complaint, in order to avoid duplication of

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effort by the parties and the Court.

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Dated: July 18, 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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s/ Peder J. V. Thoreen
Peder J. V. Thoreen

Attorneys for Plaintiffs
Dated: July 18, 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/ Kenneth E. Keller
Kenneth E. Keller

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ORDER

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Pursuant to Stipulation, IT IS SO ORDERED. The hearing on Defendant’s Motion to
Dismiss is set for September 8, 2016 at 2:00 p.m.
Dated: July 19, 2016

_________________________________
United States District Judge

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