Ashker et al v. Schwarzenegger et al

Filing 1709

ORDER by Judge Claudia Wilken granting 1708 Stipulation for Extension of Time Re Opposition and Reply Briefing on Plaintiffs' Second Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge Regarding Retaliation Against Class Member. (bns, COURT STAFF) (Filed on 10/4/2022)

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1 2 3 4 5 6 7 JULES LOBEL (pro hac vice) Email: jll4@pitt.edu SAMUEL MILLER (Bar No. 138942) Email: samrmiller@yahoo.com CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Tel: (212) 614-6432 Fax: (212) 614-6499 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 TODD ASHKER, et al., Plaintiffs, 13 14 15 16 v. GOVERNOR OF THE STATE OF CALIFORNIA, et al., Defendants. 17 Case No.: 4:09-cv-05796-CW (RMI) STIPULATION AND ORDER FOR EXTENSION OF TIME RE OPPOSITION AND REPLY BRIEFING ON PLAINTIFFS’ SECOND MOTION FOR DE NOVO DETERMINATION OF DISPOSITIVE MATTER REFERRED TO MAGISTRATE JUDGE REGARDING RETALIATION AGAINST CLASS MEMBER Judge: 18 The Honorable Claudia Wilken 19 20 1. WHEREAS, Plaintiffs filed a motion on September 19, 2022 for de novo review 21 regarding their Second Motion to Enforce Anti-Retaliation Provision of Settlement Agreement. ECF 22 No. 1702. 23 2. WHEREAS, due to Plaintiffs’ counsel’s unavailability from October 4-11, 2022, 24 Plaintiffs, with good cause, have requested, and Defendants have agreed to stipulate to, a one-week 25 extension of the remaining filing deadlines. 26 3. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 27 the parties, through their counsel of record, that Defendants shall have up to and including October 10, 28 2022 for the filing of an Opposition, and Plaintiffs shall have up to and including October 17, 2022 for STIP & ORDER FOR EXT. OF TIME RE BRIEFING Case No. 4:09-cv-05796-CW (RMI) 1 their reply. This schedule allows that briefing will be completed 17 days prior to the scheduled hearing 2 date of November 3, 2022. ECF No. 1702. 3 4. Defendants’ agreement to this stipulated extension is made with the following 4 reservation of rights: Defendants do not object to Plaintiffs’ request to alter the briefing schedule 5 reflected on the docket at ECF No. 1702; however, Defendants dispute that Plaintiffs are entitled to a 6 reply and do not waive any argument to that effect by stipulating to the altered briefing schedule. 7 8 IT IS SO STIPULATED. DATED: October 3, 2022 9 Respectfully submitted, CENTER FOR CONSTITUTIONAL RIGHTS 10 /s/ Samuel Miller SAMUEL MILLER Attorneys for Plaintiffs 11 12 13 ROB BONTA Attorney General of California 14 /s/ Sarah M. Brattin SARAH M. BRATTIN Deputy Attorney General Attorneys for Defendants 15 16 17 18 ORDER 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 Dated: September 4, 2022 The Honorable Claudia Wilken United States District Judge 22 23 24 25 26 27 28 STIP & ORDER FOR EXT. OF TIME RE BRIEFING 2 Case No. 4:09-cv-05796-CW (RMI)

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