Jordan v. The Presidio Trust et al

Filing 38

SECOND STIPULATION AND ORDER re 36 STIPULATION WITH PROPOSED ORDER : Second Stipulated Request to Modify Briefing Schedule filed by The U.S. Equal Opportunity Commission, Patricia Jordan, The Presidio Trust Motions to be filed by 9/29/2016. Signed by Magistrate Judge Kandis A. Westmore on 9/27/16. (sisS, COURT STAFF) (Filed on 9/27/2016)

1 TIMOTHY S. THIMESCH, ESQ. (No. 148213)
[e-mail]
2 THIMESCH LAW OFFICES, PLC
158 Hilltop Crescent
3 Walnut Creek, CA 94576-3452
Direct: [phone]
4 Facsimile: [phone]
5 Attorney for Plaintiff PATRICIA JORDAN
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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
[e-mail]
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United States Department of Justice
10 Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW, 7th Floor
11 Washington, D.C. 20530
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendants, PRESIDIO TRUST and THE U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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PATRICIA JORDAN,
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Plaintiff,
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21 PRESIDIO TRUST, and THE U.S. EQUAL
EMPLOYMENT OPPORTUNITY
22 COMMISSION,
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Defendants.

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Case No. 16-cv-02122 KAW

SECOND STIPULATED REQUEST FOR
ORDER CHANGING TIME TO RESPOND
TO PLAINTIFFS’ COMPLAINT AND TO
MODIFY BRIEFING SCHEDULE

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SECOND STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. 16-cv-02122 KAW

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Pursuant to Civil Local Rules 6-1(b) and 6-2 of the Northern District of California,

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defendants the Presidio Trust and the U.S. Equal Employment Opportunity Commission

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(collectively, “defendants”), by and through their respective counsel, and with the consent of

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plaintiff Patricia Jordan (“plaintiff”), respectfully submit this stipulated request to: (1) extend the

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time for defendant to respond to plaintiffs’ Complaint, and (2) modify the briefing schedule for

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defendants’ anticipated motion to dismiss as follows, as follows:

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1.

Defendants intend to respond to plaintiff’s Complaint by filing a motion to

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dismiss. Under the current schedule, defendants’ response (motion) is due on September 26,

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2016; plaintiff’s opposition to the motion is due on November 4; and defendants’ reply is due on

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November 17. Defendants request an adjustment of three-business days for each deadline, such

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that defendants’ response (motion) would be due on September 29; plaintiff’s opposition to the

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motion due would be due on November 9; and defendants’ reply would be due on November 22.

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2.

Defendants represent that the additional time is needed to allow the multiple

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federal agencies reviewing defendants’ draft brief to complete their review process to finalize the

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motion to dismiss, and because defendants’ undersigned counsel was out of work on

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unanticipated sick leave on Friday, September 23, and Monday, September 26.

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3.

The requested modification will alter the briefing schedule set by the Court for

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defendants’ anticipated motion to dismiss. Two prior extensions of time have previously been

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requested and granted; on August 30, 2016, the Court granted defendants’ request to extend the

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deadline for responding to the Complaint, see ECF No. 30, and on September 22, the Court

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granted the parties’ stipulated request to modify the briefing schedule, see ECF No. 35.

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Defendants do not anticipate seeking any further extensions of the deadline for filing the motion

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to dismiss.

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4.

The requested time modification will not alter any other event or deadline. The

next case management conference in this case is scheduled for November 29, 2016 at 1:30pm.
IT IS SO STIPULATED AND REQUESTED.

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SECOND STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. 16-cv-02122 KAW

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Dated: September 26, 2016

/s/ Timothy S. Thimesch
TIMOTHY S. THIMESCH, ESQ.
THIMESCH LAW OFFICES
Attorneys for Plaintiff PATRICIA JORDAN

Dated: September 26, 2016

/s/ Lisa Zeidner Marcus
LISA ZEIDNER MARCUS1
Counsel for Defendants
PRESIDIO TRUST; and THE U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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[Proposed] ORDER

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Pursuant to stipulation, it is SO ORDERED.

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9/27/16
DATE: ________________________

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______________________________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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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.
SECOND STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. 16-cv-02122 KAW

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