Mandel et al v. Board of Trustees of the California State University et al

Filing 50

ORDER granting #49 STIPULATION Regarding Briefing Schedule and Hearing Date for Rule 12 Motions and Case Management Conference. Responses due by 10/11/2017. Replies due by 10/25/2017. Motion Hearing and Case Management Conference set for 11/8/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Case Management Statement due by 11/1/2017. Signed by Judge William H. Orrick on 08/29/2017. (jmdS, COURT STAFF) (Filed on 8/29/2017)

BRADLEY S. PHILLIPS (State Bar No. 085263)
1 SETH J. FORTIN (State Bar No. 302790)
MUNGER, TOLLES & OLSON LLP
2 350 South Grand Avenue, 50th Floor
Los Angeles, CA 90071-1560
3 Telephone:
[phone]
Facsimile:
[phone]
4
ADELE M. EL-KHOURI (Admitted Pro hac vice)
5 MUNGER, TOLLES & OLSON LLP
1155 F Street, NW, 7th Floor
6 Washington, D.C. 20004
Telephone:
[phone]
7 Facsimile:
[phone]
8 Attorneys for Defendants
BOARD OF TRUSTEES OF THE CALIFORNIA
9 STATE UNIVERSITY, SAN FRANCISCO STATE
UNIVERSITY; LESLIE WONG; MARY ANN
10 BEGLEY; LUOLUO HONG; LAWRENCE
BIRELLO; REGINALD PARSON; OSVALDO
11 DEL VALLE; KENNETH MONTEIRO; BRIAN
STUART; ROBERT NAVA; MARK JARAMILLA;
12 VERNON PICCINOTTI; AND SHIMINA HARRIS
13
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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16 JACOB MANDEL, et al.

CASE NO. CV 3:17-cv-03511-WHO

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STIPULATION AND ORDER
REGARDING BRIEFING SCHEDULE
AND HEARING DATE FOR RULE 12
MOTIONS AND CASE MANAGEMENT
CONFERENCE

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Plaintiffs,
vs.

19 BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY,
20 SAN FRANCISCO STATE
UNIVERSITY, et al.,
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Defendants.
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Judge:
Dept:
Date:
Time:

Hon. William H. Orrick III
Courtroom 2, 17th Floor
November 8, 2017
2:00 p.m.

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CASE NO. CV 3:17-cv-03511-WHO
STIPULATION AS TO BRIEFING SCHEDULE

STIPULATION

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Plaintiffs Jacob Mandel, Charles Volk, Liam Kern, Masha Merkulova, Aaron

3 Parker, and Stephanie Rosekind (“Plaintiffs”); Defendants The Board of Trustees of California
4 State University, San Francisco State University, Leslie Wong, Mary Ann Begley, Luoluo Hong,
5 Lawrence Birello, Reginald Parson, Osvaldo del Valle, Kenneth Montreiro, Brian Stuart, Robert
6 Nava, Mark Jaramilla, Vernon Piccinotti, and Shimina Harris (“CSU Defendants”); and Defendant
7 Rabab Abdulhadi (“Abdulhadi”, collectively with the CSU Defendants, “Defendants,” and
8 collectively with Plaintiffs and the CSU Defendants, “the Parties”), through their respective
9 counsel, hereby stipulate as follows, pursuant to Local Rule 6-2:
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Whereas the Court has scheduled a Case Management Conference for September

11 19, 2017;
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Whereas Defendants have filed Rule 12 motions to dismiss the entirety of

13 Plaintiffs’ Complaint;
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Whereas the Court has previously approved a briefing and hearing schedule for the

15 CSU Defendants’ motions, with a hearing set for Wednesday, November 8, 2017;
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Whereas counsel for Plaintiffs have represented that Plaintiffs intend to amend their

17 Complaint no later than Friday, September 1, 2017; and
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Whereas lead counsel for the CSU Defendants will be traveling out of the country

19 from September 17 through October 15, 2017,
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Plaintiffs and Defendants agree to the following schedule for the briefing and

21 hearing of any Rule 12 motions Defendants may file in response to the amended complaint; this
22 proposed schedule is, other than with respect to the deadline for Defendants’ Rule 12 motions with
23 respect to the amended complaint, the same as the schedule previously approved by the Court:
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

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Defendants’ motions shall be filed no more than 14 days after the filing of the
amended complaint.

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

Plaintiffs’ opposition brief(s) shall be filed no later than October 11, 2017.

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

Defendants’ reply briefs shall be filed no later than October 25, 2017.

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CASE NO. CV 3:17-cv-03511-WHO
STIPULATION AS TO BRIEFING SCHEDULE

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

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The hearing on Defendants’ motions shall, subject to the availability of the Court,
be held on Wednesday, November 8, 2017, at 2:00 p.m.

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The Parties also agree to continue the initial Case Management Conference

5 (“CMC”), currently scheduled for September 19, 2017, to November 8, 2017, at 2:00 p.m., the
6 same date of the hearing on the Rule 12 motions, subject to the availability of the Court. The
7 Parties understand that the Court ordinarily holds CMCs on Tuesdays, but certain counsel for the
8 Parties will be traveling to San Francisco for the hearing and CMC, including from the East Coast,
9 and Plaintiffs and Defendants believe this would be the most efficient option for both the Court
10 and the Parties’ counsel.
11

Plaintiffs and the CSU Defendants previously requested an extension of time with

12 respect to the filing and service of oppositions and replies with regard to Defendants’ Rule 12
13 motions. [Dkt. No. 42.] The current request does not further extend those deadlines. The Parties
14 have not previously requested a continuance of the CMC.
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Because this action is still in the pleading stage and no dates have been set for the

16 completion of discovery or trial, the requested schedule will not significantly affect the case
17 schedule.
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DATED: August 29, 2017

Respectfully submitted,
MUNGER, TOLLES & OLSON LLP
BRADLEY S. PHILLIPS

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By:

/s/ Bradley S. Phillips
BRADLEY S. PHILLIPS
Attorneys for Defendants The Board of Trustees of
California State University, San Francisco State
University, Leslie Wong, Mary Ann Begley, Luoluo
Hong, Lawrence Birello, Reginald Parson, Osvaldo del
Valle, Kenneth Montreiro, Brian Stuart, Robert Nava,
Mark Jaramilla, Vernon Piccinotti, and Shimina Harris

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CASE NO. CV 3:17-cv-03511-WHO
STIPULATION AS TO BRIEFING SCHEDULE

1 DATED: August 29, 2017

MARK ALLEN KLEIMAN

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By: /s/ Mark Allen Kleiman
MARK ALLEN KLEIMAN

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GAVIN, CUNNINGHAM & HUNTER LLP
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By: /s/Alan Hunter
ALAN HUNTER

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Attorneys for Defendant Rabab Abdulhadi

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DATED: August 29, 2017

WINSTON & STRAWN LLP

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By: /s/ Seth Weisburst
SETH WEISBURST

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Attorneys for Plaintiffs
JACOB MANDEL, CHARLES VOLK,
MASHA MERKULOVA, AARON PARKER,
and STEPHANIE ROSEKIND

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ORDER

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IT IS SO ORDERED.

22 DATED: August 29, 2017
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__________________________________
United States District Judge

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CASE NO. CV 3:17-cv-03511-WHO
STIPULATION AS TO BRIEFING SCHEDULE