Sumera v. Holder et al

Filing 67

ORDER GRANTING 66 STIPULATION WITH PROPOSED ORDER AS MODIFIED BY THE COURT. Pretrial Conference set for 7/5/2016 at 03:00 PM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 7/25/2016 at 08:30 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 10/07/2015. (kawlc2S, COURT STAFF) (Filed on 10/7/2015)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3 WENDY M. GARBERS (CABN 213208)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant LORETTA LYNCH
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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RUBEN SUMERA,
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Plaintiff,
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v.
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LORETTA LYNCH, Attorney General of the
United States, in her official capacity;
Defendant.

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No. 4:13-cv-01950-KAW
STIPULATION AND [PROPOSED] ORDER RE
CASE SCHEDULE (AS MODIFIED BY THE
COURT)
The Honorable Kandis A. Westmore

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STIPULATION

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WHEREAS, Assistant United States Attorney Michelle Lo has been the lead defense lawyer on

22 this matter and has handled all aspects of the day-to-day litigation;
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WHEREAS, AUSA Lo went into an earlier-than-anticipated labor and gave birth to her first

24 child on Saturday, October 3, 2015;
WHEREAS, AUSA Lo had hoped to file defendant’s summary judgment motion, currently due

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26 on October 16, 2015, before going out on leave, but was unable to do so in light of her baby’s early
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WHEREAS, AUSA Lo will be out on maternity leave for a number of months, including through
STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE
No. 4:13-cv-01950-KAW
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1 the January 25, 2016 trial scheduled herein;
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WHEREAS, this matter has just been reassigned to Assistant United States Attorney Wendy M.

3 Garbers, who is unfamiliar with the file and will need some additional time to get up to speed and to
4 prepare defendant’s summary judgment motion;
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IT IS HEREBY STIPULATED, by the parties to the above-captioned action, by and through their

6 respective counsel of record, that all operative deadlines in this matter be extended approximately 45 days
7 (slightly modified due to the holidays). Subject to the Court’s availability, the parties propose the following
8 schedule:
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Deadline

Current

Proposed

Defendant’s Summary
Judgment Motion Due

October 16, 2015

November 19, 2015

Plaintiff’s Summary
Judgment Opposition Due

October 30, 2015

December 8, 2015

November 6, 2015

December 23, 2015

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Defendant’s Summary
Judgment Reply Due

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Summary Judgment Hearing

November 19, 2015

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Pretrial Conference

January 12, 2016 at 3:00 p.m.

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Trial

January 25-29, 2016

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February 4, 2016
January 7, 2016
July 5, 2016
March 1, 2016 at 3:00 p.m.
July 25-29, 2016
March 14-18, 2016

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DATED: October 6, 2015

Respectfully submitted,
BRIAN J. STRETCH
Acting United States Attorney

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/s/ Wendy M. Garbers
WENDY M. GARBERS
Assistant United States Attorney

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DATED: October 6, 2015

LAW OFFICE OF RUSSELL A. ROBINSON
/s/ Russell A. Robinson*
Russell A. Robinson
Attorney for Plaintiff

*In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
27 that plaintiff has concurred in the filing of this document.
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STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE
No. 4:13-cv-01950-KAW
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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5 Dated: 10/07/2015
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THE HONORABLE KANDIS A. WESTMORE
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STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE
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