Brendan Huerta v. United States Department of Agriculture et al

Filing 16

STIPULATION AND ORDER RESCHEDULING HEARING AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/2/2016. Initial Case Management Conference set for 8/9/2016 at 01:30 PM. Motion Hearing continued to 7/7/2016 at 11:00 AM. Signed by Judge Kandis A. Westmore on 03/30/16. (kawlc2S, COURT STAFF) (Filed on 3/30/2016)

Case 4:16-cv-00434-KAW Document 15 Filed 03/30/16 Page 1 of 2

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3 CLAIRE T. CORMIER (CABN 154364)
Assistant United States Attorney
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150 Almaden Boulevard, Suite 900
San Jose, California 95113
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Federal Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BRENDAN HUERTA,
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Plaintiff,
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v.
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UNITED STATES DEPARTMENT OF
AGRICULTURE, AGRICULTURE
RESEARCH SERVICE, DOES 1-20,

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CASE NO. CV 16-00434 KAW
STIPULATION AND [PROPOSED] ORDER
RESCHEDULING HEARING AND
CONTINUING CASE MANAGEMENT
CONFERENCE

Defendants.
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This case was originally scheduled for a case management conference on April 26, 2016. Upon

20 the stipulated request of the parties, the case management conference was continued to May 24, 2016.
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The Federal Defendants have filed a motion to dismiss, with a hearing date of June 16, 2016.

22 Plaintiff’s counsel has advised that he is not available that morning, due a previously-scheduled court
23 appearance. The parties agree that, in the interest of judicial economy, the case management conference
24 should be scheduled on or after the date of the motion hearing.
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In order to accommodate these and other scheduling issues, the parties HEREBY STIPULATE

26 AND REQUEST as follows:
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The hearing on the Federal Defendants’ motion to dismiss will take place on July 7 at 11:00 AM.

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The case management conference will be continued to the date and time of the hearing on the
STIPULATION RE HEARING DATE AND TO CONTINUE CMC AND [PROPOSED] ORDER
CASE NO. CV 16-00434 KAW

Case 4:16-cv-00434-KAW Document 15 Filed 03/30/16 Page 2 of 2

1 motion to dismiss, i.e., July 7, 2016 at 11:00 AM. Other case management dates will be continued
2 accordingly. Alternatively, at the Court’s option, the currently scheduled case management conference
3 may be vacated and reset after a decision on the motion to dismiss.
IT IS SO STIPULATED.

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Respectfully submitted,

6 Dated: March 30, 2016

BRIAN J. STRETCH
UNITED STATES ATTORNEY

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/s/
By:

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CLAIRE T. CORMIER 1
Assistant U.S. Attorney

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Dated: March 30, 2016

BRADY LAW GROUP

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/s/
By:

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STEVEN J. BRADY
Attorney for Plaintiff

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[PROPOSED] ORDER
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Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED
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THAT:
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The hearing on the Federal Defendants’ motion to dismiss will take place on July 7, 2016 at
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11:00 AM.
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August 9, 2016 at 1:30 p.m.

The case management conference is continued to July 7, 2016 at 11:00 AM. Other case
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management dates are continued accordingly.
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IT IS SO ORDERED.
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24 Dated: March 30

, 2016
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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I, Claire T. Cormier, hereby attest that I have been authorized to submit the electronic
signatures indicated by a “conformed” signature (/s/) within this e-filed document.
STIPULATION RE HEARING DATE AND TO CONTINUE CMC AND [PROPOSED] ORDER
CASE NO. CV 16-00434 KAW