Dixon v. United States Postal Service

Filing 33

ORDER re 32 Stipulation filed by United States Postal Service. Plaintiff's opposition is due 5/16/11. Defendant's reply is due 5/26/11. Signed by Magistrate Judge Donna M. Ryu on 05/10/2011. (dmrlc1, COURT STAFF) (Filed on 5/10/2011)

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William R. Morton (CSB # 43000)
Larry E. Lulofs (CSB # 88804)
MORTON, LULOFS & WOOD, LLP
180 Grand Avenue, Suite 1500
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510.444.8263
Attorneys for Plaintiff
DENICE DIXON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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DENICE DIXON,

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Plaintiff,

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vs.

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UNITED STATES OF AMERICA,
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Defendant.
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Case No. C10-04220DMR
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEFENDANT’S
MOTION FOR JUDGMENT ON THE
PLEADINGS
Date: June 16, 2011
Time: 11:00 a.m.
Location: Courtroom 4, 3rd Floor

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REQUEST TO CONTINUE AND PROPOSED ORDER

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The plaintiff, Denice Dixon, (“Plaintiff”) and the federal defendant, United States of

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America (“Federal Defendant”), by and through their counsel, hereby stipulate to the

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following:

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WHEREAS, the hearing on Defendant’s Motion for Judgment on the Pleadings in
this matter has been scheduled by this court for June 16, 2011 at 11:00 a.m.;
WHEREAS, the initial case management conference in this matter is currently

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scheduled for June 16, 2011 at 11:00 a.m.
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WHEREAS, counsel for the Plaintiff has ongoing treatments for illness which
require him to keep a part time schedule at the moment, so needs additional time to

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complete Opposition to Defendant’s Motion for Judgment on the Pleadings.
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WHEREAS, on April 29, 2011, the parties submitted a Stipulation and Proposed
Order to Continue the Defendant’s Motion for Judgment on the Pleadings and proposed the

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following briefing schedule. The Plaintiff’s opposition brief is due May12, 2011, and the
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Federal Defendant’s reply brief is due May 26, 2011;
WHEREAS, on May 6, 2011, the Court issued an Order Resetting Hearing Date on
Defendant’s Motion for Judgment on the Pleadings and Initial CMC setting the following

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briefing schedule. The Plaintiff’s opposition brief is due May 16, 2011, and the Federal

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Defendant’s reply brief is due May 23, 2011;

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WHEREAS, counsel for the Federal Defendant will be out of the country during

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May 18, 2011 through May 22, 2011 and will not have sufficient time to prepare a reply
brief pursuant to the briefing scheduled ordered on May 6, 2011;
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REQUEST TO CONTINUE AND PROPOSED ORDER

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ACCORDINGLY, the parties agree to following briefing schedule. The Plaintiff’s

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opposition brief is due May 16, 2011, and the Federal Defendant’s reply brief is due May

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31, 2011. The hearing on the Defendant’s Motion for Judgment on the Pleadings will

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remain on June 16, 2011 11:00 a.m., and the Initial Case Management will remain on June

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16, 2011 at 11:00 a.m.

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So Stipulated.

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Respectfully submitted,

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Date: May 9, 2011

MORTON, LULOFS & WOOD, LLP
BY:

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/s/ Larry E. Lulofs
LARRY E. LULOFS, Attorney for Plaintiff
DENICE DIXON

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Date: May 9, 2011
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MELINDA HAAG
United States Attorney
/s/ Melissa Sladden
_________________________________
MELISSA BROWN SLADDEN
Assistant United States Attorney

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REQUEST TO CONTINUE AND PROPOSED ORDER

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[PROPOSED] ORDER

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The two Parties requesting, and good cause appearing, it is hereby ordered that the

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Plaintiff’s opposition brief is due May 16, 2011, and the Federal Defendant’s reply

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brief is due May 26, 2011. It is further ordered that court hearing on Defendant’s Motion

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for Judgment on the Pleadings, and the initial case management conference will take place

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on June 16, 2011 at 11:00 a.m. as set forth in the Court’s order dated May 6, 2011.

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IT IS SO ORDERED.

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Date: __May 10_______, 2011

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_____________________________
Hon. Donna M. Ryu

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United States District Court Magistrate Judge

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REQUEST TO CONTINUE AND PROPOSED ORDER