Jordan v. The Presidio Trust et al

Filing 35

STIPULATION AND ORDER TO EXTEND re 32 STIPULATION WITH PROPOSED ORDER : Stipulated Request to Modify Briefing Schedule filed by The U.S. Equal Opportunity Commission, Patricia Jordan, The Presidio Trust. Signed by Magistrate Judge Kandis A. Westmore on 9/21/16. (sisS, COURT STAFF) (Filed on 9/21/2016)

Download PDF
1 TIMOTHY S. THIMESCH, ESQ. (No. 148213) 2 THIMESCH LAW OFFICES, PLC 158 Hilltop Crescent 3 Walnut Creek, CA 94576-3452 Direct: (925) 588-0401 4 Facsimile: (888) 210-8868 5 Attorney for Plaintiff PATRICIA JORDAN 6 BENJAMIN C. MIZER 7 Principal Deputy Assistant Attorney General CARLOTTA WELLS 8 Assistant Branch Director, Federal Programs Branch, Civil Division LISA ZEIDNER MARCUS (N.Y. Bar 4461679) - Trial Attorney 9 United States Department of Justice 10 Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, 7th Floor 11 Washington, D.C. 20530 Telephone: (202) 514-3336 12 Facsimile: (202) 616-8470 13 Attorneys for Defendants, PRESIDIO TRUST and THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 16 17 18 PATRICIA JORDAN, 19 Plaintiff, 20 v. 21 PRESIDIO TRUST, and THE U.S. EQUAL EMPLOYMENT OPPORTUNITY 22 COMMISSION, 23 24 25 26 27 28 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-cv-02122 KAW STIPULATED REQUEST FOR ORDER CHANGING TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT AND TO MODIFY BRIEFING SCHEDULE 1 Pursuant to Civil Local Rules 6-1(b) and 6-2 of the Northern District of California, 2 plaintiff Patricia Jordan (“plaintiff”) and defendants the Presidio Trust and the U.S. Equal 3 Employment Opportunity Commission (collectively, “defendants”), by and through their 4 respective counsel, respectfully submit this stipulated request to: (1) extend the time for 5 defendant to respond to plaintiffs’ Complaint, and (2) modify the briefing schedule for 6 defendants’ anticipated motion to dismiss as follows, as follows: 7 1. Defendants intend to respond to plaintiff’s Complaint by filing a motion to 8 dismiss. Under the current schedule, defendants’ response (motion) is due on September 16, 9 2016; plaintiff’s opposition to the motion is due two weeks later, on September 30, 2016; and 10 11 defendants’ reply is due the following week, on October 7, 2016; 2. The parties agree that the briefing schedule should be modified due to the 12 anticipated complexity of defendants’ forthcoming motion, which defendants represent will raise 13 jurisdictional issues and will also argue that plaintiff has failed to state a claim upon which relief 14 will be granted. The commentary to the Civil Local Rules instructs that the default two weeks 15 for an opposition and one week for a reply “are minimum time periods,” and that for “complex 16 motions,” such as the one that defendants anticipate filing here, “parties are encouraged to 17 stipulate or seek a Court order establishing a longer notice period with correspondingly longer 18 periods for response or reply.” Civil. L.R. 7-2 Commentary. 19 3. In addition, defendants represent that their motion must be reviewed by multiple 20 federal agencies before it can be filed, and additional time is needed due to the press of business. 21 Similarly, the press of business informs the parties’ agreement that the timeframes for the 22 opposition and the reply should be enlarged, since counsel for the parties must also continue their 23 work on other matters during the time allowed for the briefing here. 24 4. For these reasons, the parties request that the Court enter the following stipulated 25 briefing schedule: defendants’ motion to dismiss due by Monday, September 26; plaintiffs’ 26 opposition due by Friday, November 4; defendants’ reply due by Thursday, Nov. 17. 27 28 —2— 5. 1 The requested briefing schedule will alter the current deadline (of September 16) 2 for defendants’ response to the Complaint. One prior extensions of time has previously been 3 requested and granted; on August 30, 2016, the Court granted defendants’ request to extend the 4 deadline for responding to the Complaint. See ECF No. 30. 6. 5 The requested time modification will not alter any other event or deadline. The 6 next case management conference in this case is scheduled for November 29, 2016 at 1:30pm, 7 and the parties are to file a Case Management Statement by November 22. IT IS SO STIPULATED AND REQUESTED. 8 9 10 Dated: September 16, 2016 /s/ Timothy S. Thimesch TIMOTHY S. THIMESCH, ESQ. THIMESCH LAW OFFICES Attorneys for Plaintiff PATRICIA JORDAN Dated: September 16, 2016 /s/ Lisa Zeidner Marcus . LISA ZEIDNER MARCUS 1 Counsel for Defendants PRESIDIO TRUST; and THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 11 12 13 14 15 16 17 18 [Proposed] ORDER 19 20 Pursuant to stipulation, it is SO ORDERED. 21 22 9/21/16 DATE: ________________________ 23 ______________________________________________ HON. KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 I, Lisa Zeidner Marcus, hereby attest, in accordance with the Civil L.R. 5-1(i)(3), the concurrence in the filing of this document has been obtained from the other signatory listed here. —3—

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?