Pedraza et al v. Alameda Unified School District et al

Filing 263

ORDER Granting 258 Motion for Extension of Time to File Summary Judgment Motion on Damages. Motions due by 11/30/2011. Signed by Judge Claudia Wilken on 11/15/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/15/2011)

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LOUIS A. LEONE, ESQ. (CSB # 099874)
CLAUDIA LEED, ESQ, (CSB # 122676)
KATHERINE ALBERTS, ESQ. (CSB # 212825)
STUBBS & LEONE
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant/Counter Claimaint
ALAMEDA UNIFIED SCHOOL DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDA PEDRAZA and FRANCISCO
PEDRAZA, individually and on behalf of their
son M.P.,

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Case No.: C05-04977 (VRW)
MOTION FOR ADMINISTRATIVE
RELIEF FOR EXTENSION OF TIME TO
FILE SUMMARY JUDGMENT MOTION
ON DAMAGES; [PROPOSED] ORDER

Plaintiffs,

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v.

(Local Rule 7-11)

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ALAMEDA UNIFIED SCHOOL DISTRICT,
et al.,
Defendants.

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AND ALL RELATED COUNTERCLAIMS

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AND CONSOLIDATED CASES
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Pursuant to Local Rule 7-11, Counter Claimant ALAMEDA UNIFIED SCHOOL

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DISTRICT hereby moves this Court for administrative relief for an extension of time to file its

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motion for summary judgment on damages related to its Counter Complaint. Pursuant to the

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Court’s order dated October 20, 2011, the District had one month, or until November 20, 2011,
to file its motion for summary judgment as to damages. By this motion and for good cause
______________________________________________________________________________________
MOTION FOR ADMINISTRATIVE RELIEF FOR EXTENSION OF TIME;
[PROPOSED] ORDER
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3:05-cv-4977 (CW)

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shown below, the District requests a 10 day extension, until November 30, 2011, to file its

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motion for summary judgment.

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Good cause exists for this extension on the grounds that counsel for the District’s time

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and attention was unexpectedly required on other cases. The District’s counsel, who is the only

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one at the firm with knowledge of the issues in this matter, had to draft two unexpected

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emergency writ petitions in two different state cases. These two petitions took counsel’s

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undivided attention for the past three weeks. Therefore, counsel has not had time to review and

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analyze the evidence and issues regarding the District’s motion for summary judgment as to

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damages. The evidence and witnesses regarding the District’s motion date back to 2003. Many

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witnesses have moved or changed jobs and have been difficult to locate. These witnesses are

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necessary to determine which of the various costs the District incurred due to the Counter

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Defendants' breach of the settlement agreement at issue. The additional 10 days requested are

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necessary to insure that a proper motion for summary judgment is brought before the Court.

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Therefore, the District request that the Court grant it a ten (10) day extension of time to
file its motion for summary judgment as to damages on its counter claims.

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Respectfully submitted,

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Dated: September 5, 2008

STUBBS & LEONE
/s/ Katherine A. Alberts
KATHERINE A. ALBERTS, ESQ.
Attorneys for Defendant and Counter Claimant
ALAMEDA UNIFIED SCHOOL DISTRICT,

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______________________________________________________________________________________
MOTION FOR ADMINISTRATIVE RELIEF FOR EXTENSION OF TIME;
[PROPOSED] ORDER
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3:05-cv-4977 (CW)

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[PROPOSED] ORDER

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Defendant and Counter Claimant ALAMEDA UNIFIED SCHOOL DISTRICT moved

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pursuant to Local Rule 7-11 for administrative relief. The Court having considered the matter

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hereby GRANTS the motion and orders as follows:

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Defendant and Counter-Claimant ALAMEDA UNIFIED SCHOOL DISTRICT is hereby

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granted a 10 day extension of time in which to file its motion for summary judgment as to

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damages on its counter claims. Therefore, the motion for summary judgment is now due on

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November 30, 2011.
IT IS SO ORDERED.

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11/15/2011
Date: _______________________

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__________________________________

Hon. Claudia Wilken
United States District Chief Judge

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______________________________________________________________________________________
MOTION FOR ADMINISTRATIVE RELIEF FOR EXTENSION OF TIME;
[PROPOSED] ORDER
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3:05-cv-4977 (CW)