Jennings et al v. Regents of the University of California et al
Filing
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ORDER by Judge Claudia Wilken Granting #54 Stipulation Continuing Initial Case Management Conference and Setting Briefing Schedule. Amended Pleadings due by 12/19/2018; Motions due by 1/18/2019; Replies due by 2/15/2019; Responses due by 2/1/2019; Case Management Statement due by 3/12/2019 and Initial Case Management Conference set for 3/19/2019 02:30 PM. (ndrS, COURT STAFF) (Filed on 11/29/2018)
1 BRADLEY S. PHILLIPS (SBN 85263)
brad.phillips@mto.com
2 MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue
3 Fiftieth Floor
Los Angeles, California 90071-3426
4 Telephone:
(213) 683-9100
Facsimile:
(213) 687-3702
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BRYAN H. HECKENLIVELY (SBN 279140)
6 bryan.heckenlively@mto.com
ELIZABETH A. KIM (SBN 295277)
7 elizabeth.kim@mto.com
MUNGER, TOLLES & OLSON LLP
8 560 Mission Street
Twenty-Seventh Floor
9 San Francisco, California 94105-2907
Telephone:
(415) 512-4000
(415) 512-4077
10 Facsimile:
CHARLES F. ROBINSON (SBN 113197)
charles.robinson@ucop.edu
MARGARET L. WU (SBN 184167)
margaret.wu@ucop.edu
UNIVERSITY OF CALIFORNIA
Office of the General Counsel
1111 Franklin Street, 8th Floor
Oakland, CA 94607-5200
Telephone:
(510) 987-9800
Facsimile:
(510) 987-9757
11 Attorneys for Defendants THE REGENTS OF
THE UNIVERSITY OF CALIFORNIA, JANET
12 NAPOLITANO, NICHOLAS B. DIRKS, CAROL
T. CHRIST, STEPHEN C. SUTTON, JOSEPH D.
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GREENWELL, MARGO BENNETT, ALEX
14 YAO, LEROY HARRIS, MARC DECOULODE,
AND JOEY WILLIAMS
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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19 JOHN JENNINGS, et al.,
Case No. 18-CV-00268-CW
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STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE,
CONTINUING DEADLINE TO FILE
SECOND AMENDED COMPLAINT, AND
SETTING BRIEFING SCHEDULE ON
MOTION TO DISMISS SECOND
AMENDED COMPLAINT
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Plaintiff,
vs.
22 REGENTS OF THE UNIVERSITY OF
CALIFORNIA, et al.,
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Defendants.
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Judge:
Hon. Claudia Wilken
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18-cv-00268-CW
STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT
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STIPULATION
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In support of this Stipulation, the Parties state as follows:
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WHEREAS, an Initial Case Management is set for December 18, 2018;
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WHEREAS, pursuant to the Parties’ February 12, 2018 Stipulation, Defendants
5 Napolitano, Dirks, Christ, Sutton, Greenwell, Bennett, Yao, Harris, DeCoulode, and Williams (the
6 “UC Defendants”) moved to dismiss Plaintiffs’ First Amended Complaint on March 26, 2018;
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WHEREAS, on November 14, 2018, the Court entered an order granting the UC
8 Defendants’ motion to dismiss, with leave to amend in certain respects, within 21 days;
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WHEREAS, Plaintiffs intend to file Second Amended Complaint and require additional
10 time to prepare that pleading, and no other party objects to providing an extension to December
11 19, 2018 to file the Second Amended Complaint;
WHEREAS, the UC Defendants expect to file a motion to dismiss the Second Amended
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13 Complaint, which motion would be due on January 2, 2019 if the complaint is filed on December
14 19, 2018, with oppositions due on January 16, 2019, and replies due on January 23, 2019;
WHEREAS, in light of the holidays and the schedules of counsel and the parties, the
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16 parties agree that it would be more efficient to set a briefing schedule whereby any motion to
17 dismiss is due on January 18, 2019, any oppositions to that motion are due on February 1, 2019,
18 and any replies are due on February 15, 2019, with a hearing 7 days or more after February 15,
19 2019;
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WHEREAS, the Parties agree that it would be inefficient and premature to proceed with
21 the initial Case Management Conference or the associated Rule 26(f) joint report in light of the
22 pending motion to dismiss;
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WHEREAS, the Court has previously continued the Initial Case Management Conference
24 by stipulation from June 26, 2018 to September 4, 2018, again from September 4, 2018 to
25 November 6, 2018, and again from November 6, 2018 to December 18, 2018.
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NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate
27 and respectfully request that the Court order the following:
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1. The Second Amended Complaint is due on December 19, 2018.
18-cv-00268-CW
STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT
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2. Any motions to dismiss the anticipated Second Amended Complaint are due on
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January 18, 2019, any oppositions to that motion are due on February 1, 2019, and
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any replies are due on February 15, 2019.
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3. The Initial Case Management Conference set for December 18, 2018 should be
CONTINUED to March 19, 2019;
4. All other dates tied to the Initial Case Management Conference should be
continued accordingly
8 DATED: November 28, 2018
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By:
/s/ William J. Becker, Jr.
WILLIAM J. BECKER, JR.
Attorney for Plaintiffs
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13 DATED: November 28, 2018
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By:
/s/ Bryan H. Heckenlively
BRYAN H. HECKENLIVELY
Attorney for UC Defendants
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DATED: November 28, 2018
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By:
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/s/ John Hamasaki
JOHN HAMASAKI
Attorney for Defendant Miller
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23 DATED: November 28, 2018
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By:
/s/ Rachel Lederman
RACHEL LEDERMAN
Attorney for Defendant Mirabdal
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18-cv-00268-CW
STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT
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ATTESTATION PURSUANT TO CIVIL L.R. 5-1(i)(3)
I, Bryan H. Heckenlively, am the ECF User whose ID and password are being used to file
3 this document. I hereby attest that concurrence in the filing of this document has been obtained
4 from the signatories.
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7 DATED: November 28, 2018
/s/ Bryan H. Heckenlively
BRYAN H. HECKENLIVELY
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18-cv-00268-CW
STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT
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[PROPOSED] ORDER
The Court hereby CONTINUES the Initial Case Management Conference currently set for
3 December 18, 2018 at 2:30 p.m to March 19, 2019 at 2:30 p.m.. A joint Case Management
4 Statement is due March 12, 2019. The parties shall meet and confer regarding Rule 26 initial
5 disclosures, early settlement, ADR process selection, and discovery plan no later than February
6 26, 2019.
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Plaintiffs’ Second Amended Complaint is due on December 19, 2018. Any motions to
8 dismiss the Second Amended Complaint are due on January 18, 2019, any oppositions to that
9 motion are due on February 1, 2019, and any replies are due on February 15, 2019.
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IT IS SO ORDERED.
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DATED: 11/29/2018
_____________, 2018
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Honorable Claudia Wilken
United States District Judge
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18-cv-00268-CW
STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT
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