Liebb v. Daly

Filing 54

ORDER re 52 granting as modified Joint Stipulation to Set Defendant's Motion for Summary Judgment for Hearing. Motion Hearing set for 8/27/2009 02:00 PM.. Signed by Judge Claudia Wilken on 7/14/09. (scc, COURT STAFF) (Filed on 7/14/2009)

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EDMUND G. BROWN JR. Attorney General of California JAY C. RUSSELL Supervising Deputy Attorney General SCOTT J. FEUDALE Deputy Attorney General State Bar No. 242671 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant C. Daly KEITH WATTLEY, SBN 203366 UNCOMMON LAW 220 4th Street, Suite 201 Oakland, CA 94607 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for Plaintiff Stephen Liebb IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

STEPHEN LIEBB,

Case No. C 04-0950 CW (PR) Plaintiff, JOINT STIPULATION AND ORDER TO SET DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FOR HEARING AS MODIFIED

v. C. DALY, BPT COMMISSIONER,

Defendant.

On March 17, 2009, the Court denied Defendant's motion for judgment on the pleadings and ordered Defendant to file a motion for summary judgment within sixty days. Plaintiff's opposition was due within thirty days, and Defendant's reply fifteen days thereafter. (Order Den. Def.'s Mot. J. Pleadings 11.) In its order, the Court did not schedule a hearing date. (See id.)
1 Jt. Stip. & [Proposed] Order Set Def.'s Mot. Summ. J. Hearing (C 04-0950 CW (PR))

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Northern District Civil Local rules generally require that a motion be "noticed on the motion calendar of the assigned Judge for hearing not less than 35 days after service of the motion." Civ. L. R. 7-2. Moreover, Defendant's motion includes complex issues of state law governing the application of the doctrine of res judicata. Accordingly, the parties believe oral argument is necessary on this motion. The parties' counsel are both available for oral argument on July 9, 2009 at 2:00 p.m. and respectfully request that the Court place this matter on its motion calendar on that date. If the hearing cannot be scheduled on that date, the parties respectfully request that the matter be heard on the Court's next available law and motion hearing date, subject to the following exceptions: 1) Plaintiff's counsel is unavailable from July 10 to 31, 2009; 2) Defendant's counsel is unavailable from August 10 to 14, 2009. IT IS SO STIPULATED: DATED: ______________________ _____________________________ KEITH WATTLEY UNCOMMON LAW Attorney for Plaintiff Stephen Liebb EDMUND G. BROWN JR. Attorney General of California By: _____________________________ SCOTT J. FEUDALE Deputy Attorney General Attorney for Defendant C. Daly

DATED: ______________________

IT IS ORDER that Defendants motion for summary judgment shall be heard on August 27, 2009 at 2:00 p.m. in Courtroom 2 of this Court, unless the Court decides the matter on the papers before that or vacates the hearing. 7/14/09 DATED:____________ _____________________________
2 Jt. Stip. & [Proposed] Order Set Def.'s Mot. Summ. J. Hearing (C 04-0950 CW (PR))

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SF2006200159 40351270.doc

HON. CLAUDIA WILKEN United States District Judge

3 Jt. Stip. & [Proposed] Order Set Def.'s Mot. Summ. J. Hearing (C 04-0950 CW (PR))