Jordan v. The Presidio Trust et al

Filing 42

STIPULATION AND ORDER AS MODIFIED, Set/Reset Deadlines as to 39 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Responses due by 12/5/2016. Replies due by 12/19/2016. Motion Hearing set for 1/19/2017 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Magistrate Judge Kandis A. Westmore on 11/10/16. (sisS, COURT STAFF) (Filed on 11/10/2016)

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,
20 v.

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

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THIRD

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Case No. 16-cv-02122 KAW

THIRD STIPULATED REQUEST FOR
ORDER CHANGING TIME TO MODIFY
BRIEFING SCHEDULE AND HEARING
DATE AS MODIFIED
Hearing:
December 14, 2016, 10 AM

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

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plaintiff Patricia Jordan (“plaintiff”), and with the consent of defendants the Presidio Trust and

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the U.S. Equal Employment Opportunity Commission (collectively, “defendants”), by and

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through their respective counsel, respectfully submit this stipulated request to modify the

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briefing schedule related to defendants’ pending motion to dismiss, and as follows:
1.

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Under the current schedule plaintiff’s opposition brief is due on November 9 and

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defendant’s optional reply by November 22. Plaintiff requests that her filing be extended to

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December 5, 2016; that defendants’ reply deadline be extended to December 19, 2016; and that

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the hearing be continued to January 19.
2.

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Plaintiff’s counsel represents that the additional time is required to complete

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research and brief the necessary issues, and because he currently is heavily engaged in briefing

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an unrelated appellate matter as well as another for an emergency writ.
3.

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

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defendants’ anticipated motion to dismiss. The parties have submitted two prior modification of

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the briefing schedule, which were granted. Plaintiff does not anticipate seeking any further

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extensions of the deadline for filing her opposition papers.
4.

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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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Dated: September 26, 2016

/s/ Timothy S. Thimesch
TIMOTHY S. THIMESCH, ESQ. 1
THIMESCH LAW OFFICES
Attorneys for Plaintiff PATRICIA JORDAN

Dated: September 26, 2016

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

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I, Timothy S. Thimesch, 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.

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[Proposed] ORDER

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Pursuant to stipulation, it is SO ORDERED.
11/10/16
DATE: ________________________

______________________________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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