Blackmon et al v. Tobias

Filing 41

STIPULATION AND ORDER, Set/Reset Deadlines as to 33 MOTION to Dismiss and for a More Definite Statement. Responses due by 9/16/2011. Replies due by 9/30/2011.. Signed by Judge ARMSTRONG on 8/30/11. (lrc, COURT STAFF) (Filed on 8/30/2011)

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DAVID M. GIVEN (State Bar No. 142375)
R. SCOTT ERLEWINE (State Bar No. 095106)
ROBYN CALLAHAN DAVIS (State Bar No. 225472)
PHILLIPS, ERLEWINE & GIVEN LLP
50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Fax:
415-398-0911
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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NORTHERN DISTRICT OF CALIFORNIA

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50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]

UNITED STATES DISTRICT COURT

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PHILLIPS, ERLEWINE & GIVEN LLP

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OAKLAND DIVISION

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JAMES BLACKMON, an individual;
and JOHN GRAY, an individual,

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JOINT STIPULATION TO MODIFY
THE BRIEFING SCHEDULE ON
DEFENDANTS’ MOTIONS TO DISMISS

Plaintiffs,

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Case No: CV-11-2853-SBA

v.

Date:
Time:
Courtroom:
Judge:

GLENN TOBIAS a/k/a GLEN TOBIAS,
etc., et al.,

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Defendants.

January 24, 2012
1:00 p.m.
1, Fourth Floor
Hon. Saundra Brown Armstrong

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Joint Stipulation to Modify Briefing Schedule on Defendants’ Motions to Dismiss - CV-11-2853-SBA

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The Tobias Defendants filed a Motion to Dismiss on August 12, 2011 (Dkt. No. 30).

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Defendants Andreae and Enchanted Success filed a Motion to Dismiss on August 19, 2011 (Dkt.

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No. 33). The hearings on these Motions to Dismiss were set for December 6, 2011, but the

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parties submitted a joint stipulation requesting the hearings be moved to January 24, 2011. (Dkt.

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No. 35).

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Pursuant to Local Rules 6-1(b) and 7-12, Plaintiffs’ counsel has conferred with

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Defendants’ counsel, and they have jointly agreed to modify the briefing schedule to give

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Plaintiffs two-week extensions to file oppositions to Defendants’ Motions to Dismiss and to give

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the Andreae Defendants a one week extension in which to file their reply.

to the Motions to Dismiss be extended to September 9, 2011 for the Tobias Defendants’ Motion

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50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]

Accordingly, the parties respectfully request that the deadlines for Plaintiffs’ oppositions

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PHILLIPS, ERLEWINE & GIVEN LLP

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and September 16, 2011 for the Andreae Defendants’ Motion. In light of this extension, the

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Tobias Defendants’ reply will be due on September 16, 2011, and the parties respectfully

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request that the Andreae Defendants be granted until September 30, 2011, to file their reply

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brief.

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The extension of the briefing schedule will not affect the hearing dates on the Motions to
Dismiss.

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Respectfully submitted,

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___________/s/__________________
David M. Given
R. Scott Erlewine
Robyn Callahan Davis
PHILLIPS, ERLEWINE & GIVEN, LLP
Attorneys for Plaintiffs

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IT IS SO STIPULATED.

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Joint Stipulation to Modify Briefing Schedule on Defendants’ Motions to Dismiss - CV-11-2853-SBA

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STIPULATION
The undersigned, as counsel for all parties in this action, hereby stipulate as follows:
(1) Plaintiffs may have an extension of time to and including September 9, 2011 in which to file
a response to the Tobias Defendants’ Motion to Dismiss and to and including September 16,
2011 in which to file a response to the Andreae Defendants’ Motion to Dismiss. (2) The Tobias
Defendants may have an extension of time to and including September 16, 2011 in which to file
any reply and the Andreae Defendants may have an extension of time to and including
September 30, 2011 in which to file any reply.

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___________/s/____________________
David M. Given
R. Scott Erlewine
Robyn Callahan Davis
PHILLIPS, ERLEWINE & GIVEN, LLP
Attorneys for Plaintiffs

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50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]

PHILLIPS, ERLEWINE & GIVEN LLP

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___________/s/____________________
Robert C. Buschel
BUSCHEL GIBBONS, P.A.
Attorneys for Tobias Defendants

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___________/s/____________________
Adam J. Hodkin
PADULA HODKIN, PLLC
Attorneys for Andreae Defendants

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IT IS SO ORDERED:

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Dated: August 30, 2011

____________________________________
Hon. Saundra Brown Armstrong
United States District Judge

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Joint Stipulation to Modify Briefing Schedule on Defendants’ Motions to Dismiss - CV-11-2853-SBA