Rivera v. East Bay Municipal Utility District et al

Filing 82

STIPULATION AND ORDER Extending Deadlines to 79 MOTION to Dismiss Plaintiff's Second Amended Complaint. Responses due by 1/8/2016. Replies due by 1/15/2016. Signed by Judge Saundra Brown Armstrong on 12/21/2015. (tmiS, COURT STAFF) (Filed on 12/22/2015)

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David M. Poore, SBN 192541
BROWN | POORE LLP
1350 Treat Blvd., Suite 420
Walnut Creek, California 94597
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff
IVETTE RIVERA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IVETTE RIVERA,

Case No. C 15-00380

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Plaintiff,

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v.

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EAST BAY MUNICIPAL UTILITY
DISTRICT, et al,

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STIPULATION AND PROPOSED ORDER
EXTENDING TIME FOR PLAINTIFF TO
FILE AN OPPOSITION TO MOTION TO
DISMISS SECOND AMENDED
COMPLAINT
DATE: FEBRUARY 10, 2016
TIME: 1:00 P.M.
COURTROOM 210

Defendants.
Hon. Saundra Brown Armstrong

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PLEASE TAKE NOTICE that the parties to this action, Plaintiff IVETTE RIVERA and

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Defendant EAST BAY MUNICIPAL UTILITY DISTRICT (“EBMUD”), hereby stipulate to

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extend the time for Plaintiff to file an Opposition to Defendant’s Motion to Dismiss the Second

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Amended Complaint (Doc. No. 79) for a period of seven (7) days. Plaintiff’s Opposition is

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presently due on January 1, 2016. The parties have agreed to extend the time for Plaintiff’s

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Opposition until January 8, 2016, with the Reply extended an equal amount of time.

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There exists good cause in which to grant this stipulation as (1) Defendant EBMUD filed

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a Motion to Dismiss Plaintiff’s Second Amended Complaint on December 18, 2015, with

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Opposition due on January 1, 2016, (2) during the meet and confer process prior to filing the

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motion, the parties stipulated to allow Plaintiff an additional seven days to file an Opposition to

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the motion, as Plaintiff’s counsel will be unavailable during the Christmas week, with family in

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town from Canada for the holiday, and (3) the extension of time should not interfere with the

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Court’s docket, as the hearing date is not scheduled until February 10, 2016.

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The parties are not making this request for the purpose of any undue delay, and no party
would suffer any prejudice if this stipulation was granted.

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IT IS HEREBY STIPULATED between the parties that Plaintiff be provided with an

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extension of time of seven days until January 8, 2016 in which to file an Opposition to

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Defendant’s Motion to Dismiss the Second Amended Complaint.

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SO STIPULATED.

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Dated: December 18, 2015

LIEBERT CASSIDY WHITMORE

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//s// Zachary Shine
ZACHARY SHINE
Attorneys for Defendant EBMUD

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Dated: December 18, 2015

BROWN | POORE LLP

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_//s// David M. Poore _________________
DAVID M. POORE
Attorneys for Plaintiff IVETTE RIVERA

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STIPULATION AND PROPOSED ORDER
RIVERA V. EAST BAY MUNICIPAL UTILITY DISTRICT, CASE NO. C15-00380 SBA

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CIVIL LOCAL RULE 5-1(i)(3) ATTESTATION
I hereby attest that concurrence in the filing of this document has been obtained from each

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of the other signatories to this document.

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DATED: December 18, 2015

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By:

/s/David M. Poore
DAVID M. POORE
Attorney for Plaintiff

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[PROPOSED] ORDER
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GOOD CAUSE SHOWING, the Stipulation is GRANTED.
IT IS HEREBY ORDERED that the deadline for Plaintiff to submit her Opposition to
Defendant’s Motion to Dismiss the Second Amended Complaint is extended until January 8,
2016. The deadline to file a Reply shall be extended equally.

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SO ORDERED.
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Dated: December __, 2015

___________________________________
UNITED STATES DISTRICT COURT

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STIPULATION AND PROPOSED ORDER
RIVERA V. EAST BAY MUNICIPAL UTILITY DISTRICT, CASE NO. C15-00380 SBA