Adelson v. American Airlines, Inc. et al

Filing 26

ORDER FOR AN EXTENSION OF TIME FOR PLAINTIFF TO FILE HIS OPPOSITION TO DEFENDANTS' MOTION FORJUDGMENT ON THE PLEADINGS, Motions terminated: 21 STIPULATION WITH PROPOSED ORDER For Extension of Time for Plaintiff to File Opposition to Defendants' Motion for Judgment on the Pleadings filed by Joel W. Adelson, 23 STIPULATION WITH PROPOSED ORDER For Extension of Time for Plaintiff to File Opposition to Defendants' Motion for Judgment on the Pleadings (Revised) filed by Joel W. Adelson. Signed by Judge Alsup on 4/17/17. (whalc1, COURT STAFF) (Filed on 4/17/2017)

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Gerald C. Sterns (State Bar No. 29976)
STERNS & WALKER
825 Washington Street, Suite 305
Oakland, CA 94607
Tel~t>hon~: (510) 267~.0.~00.
Fac$nnile: (51 0) 267-.0506
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOEL W. ADELSON, M.D.,

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) Case No.: 3:17-cv-00548-WHA
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) STIPULATION AND [PROPOSED] ORDER

Plaintiff,

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vs.
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AMERICAN AIRLINES, INC., A
DOMESTIC CORPORATON; BRITISH
AIRWAYS, PLC, A FOREIGN
CORPORATION.

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FOR AN EXTENSION OF TIME FOR
PLAINTIFF TO FILE HIS OPPOSITION TO
DEFENDANTS' MOTION FOR
JUDGMENT ON THE PLEADINGS

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Hearing Date: May 11, 2017
Time:
8:00a.m.
Judge: Hon. William H. Alsup

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Defendants.

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Plaintiff and Defendants, by and through their respective attorneys hereby Stipulate as
follows:

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WHEREFORE:
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Plaintiff's opposition. to Defendants' Motion for Judgment on the Pleadings is due on or
before Aprill7;2017.
Plaintiff is requesting an additional 10 days in which to respond, making Plaintiff's
opposition due on or before Apri127, 2017.

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Order re:

Stipulation for Extension of Time

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Defendants' Reply will be due on May 4, 2017.

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Plaintiff needs more time than just the minimum time under the Local Rules, which runs

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from the time offiling of the motion to fully and fairly deal with Defendants' Motion and answer

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it.

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Firstly, the issues raised deal with the meaning and application of the terms "embarking"

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or "disembarking" in the context of an international aviation flight, under the rules of the

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applicable treaty, the Montreal Convention. The terms are not defined in the Montreal

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Convention itself, and Plaintiff intends to undertake some extensive research of the cases and

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literature on that subject. The 14 days, or more, probably less, present a very short time for a

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motion tendering these issues to answer.
Secondly, counsel for the responding party is a one lawyer office, and is scheduled to be

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out of the office and fully involved in a four day Annual Meeting of a professional trial lawyer

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group, long previously scheduled and booked in San Diego the rest of this week. Thus even less

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time will be available to deal with this motion. Additional time to reply is respectfully requested

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and has been agreed by the moving party.

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IT IS SO STIPULATED:

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DATED: April II, 2017

STERNS & WALKER

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BY~---------Is!- ------------

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Gerald C. Sterns
Attorneys for Plaintiff

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DATED: April II , 2017
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Order re:

. 2
Stipulation for Extension of Time

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED:

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That Plaintiff will have an additional ten days in which to file their Opposition to

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Defendants' Motion for Judgment on the Pleadings. Plaintiff's opposition will now be due on or

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Before April27, 2017 and Defendants' Reply will now be due on May 4, 2017.

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Dated: April 17, 2017.
The Honorable William H. Alsup
Judge of the U.S. District Court

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Order re:

Stipulation for Extension of Time