Baird v. Chiang et al

Filing 23

ORDER re 22 granting STIPULATION WITHDRAWING re 13 MOTION to Dismiss and for Extension of Time to Respond to First Amended Complaint, and rescheduling case management conference. Initial Case Management Conference set for 4/13/2010 02:00 PM.. Signed by Judge Claudia Wilken on 11/4/09. (scc, COURT STAFF) (Filed on 11/4/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

EDMUND G. BROWN JR. Attorney General of California CONSTANCE L. LELOUIS Supervising Deputy Attorney General TAMAR PACHTER Deputy Attorney General State Bar No. 146083 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants State Controller John Chiang and State Treasurer Bill Lockyer IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

NANCY BAIRD, on behalf of herself and all others similarly situated,

4:09-cv-03482-CW

STIPULATION AND ORDER Plaintiff, WITHDRAWING MOTION TO DISMISS, GRANTING EXTENSION OF v. TIME TO RESPOND TO FIRST AMENDED COMPLAINT, AND RESCHEDULING CASE JOHN CHIANG, in his official capacity as MANAGEMENT CONFERENCE State Controller of the State of California, and WILLIAM LOCKYER, in his official Judge Claudia Wilken capacity as Treasurer of the State of Trial Date None California, Action Filed: July 29, 2009 Defendants.

WHEREAS Plaintiff has responded to Defendants' Motion to Dismiss by filing a First Amended Complaint, pursuant to Local Rules 6-1 and 6-2 and based on the facts in the accompanying Declaration of Tamar Pachter, the parties stipulate as follows: 1. Defendants State Controller John Chiang and State Treasurer Bill Lockyer withdraw

their motion to dismiss the Complaint, currently scheduled for hearing on November 19, 2009, without prejudice.
1 Stipulation And [Proposed] Order Withdrawing Motion To Dismiss, etc. Baird v. Chiang, et al., (4:09-cv-03482-CW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

Defendants shall have until December 10, 2009 to respond to the First Amended

Complaint, filed October 29, 2009. 3. The case management and scheduling conference currently scheduled for December

22, 2009 and related deadlines for filing a discovery plan and joint case management statement under Fed.R.Civ.P. 26(f) and Local Rule 16-9 are vacated and rescheduled for April 13, 2010, at 2:00 p.m. The parties shall file a discovery plan fourteen (14) days prior to the case management and scheduling conference, and shall file a joint case management statement seven (7) days prior to the case management and scheduling conference. Dated: November 2, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California CONSTANCE L. LELOUIS Supervising Deputy Attorney General

/s/ TAMAR PACHTER Deputy Attorney General Attorneys for Defendants Dated: November 2, 2009

/s/_________________ WILLIAM M. AUDET Attorney at Law Attorney for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: November 4, 2009

_______________________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

SA2009101967 Document in ProLaw 2 Stipulation And [Proposed] Order Withdrawing Motion To Dismiss, etc. Baird v. Chiang, et al., (4:09-cv-03482-CW)