Jennings et al v. Regents of the University of California et al

Filing 55

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)

Download PDF
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 5 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. 13 GREENWELL, MARGO BENNETT, ALEX 14 YAO, LEROY HARRIS, MARC DECOULODE, AND JOEY WILLIAMS 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 18 19 JOHN JENNINGS, et al., Case No. 18-CV-00268-CW 20 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 21 Plaintiff, vs. 22 REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al., 23 Defendants. 24 Judge: Hon. Claudia Wilken 25 26 27 28 18-cv-00268-CW STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT 1 STIPULATION 2 In support of this Stipulation, the Parties state as follows: 3 WHEREAS, an Initial Case Management is set for December 18, 2018; 4 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; 7 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; 9 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 12 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 15 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; 20 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; 23 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. 26 NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate 27 and respectfully request that the Court order the following: 28 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 -1- 1 2. Any motions to dismiss the anticipated Second Amended Complaint are due on 2 January 18, 2019, any oppositions to that motion are due on February 1, 2019, and 3 any replies are due on February 15, 2019. 4 5 6 7 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 9 10 By: /s/ William J. Becker, Jr. WILLIAM J. BECKER, JR. Attorney for Plaintiffs 11 12 13 DATED: November 28, 2018 14 15 By: /s/ Bryan H. Heckenlively BRYAN H. HECKENLIVELY Attorney for UC Defendants 16 17 18 DATED: November 28, 2018 19 By: 20 /s/ John Hamasaki JOHN HAMASAKI Attorney for Defendant Miller 21 22 23 DATED: November 28, 2018 24 25 26 By: /s/ Rachel Lederman RACHEL LEDERMAN Attorney for Defendant Mirabdal 27 28 18-cv-00268-CW STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT -2- 1 2 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. 5 6 7 DATED: November 28, 2018 /s/ Bryan H. Heckenlively BRYAN H. HECKENLIVELY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18-cv-00268-CW STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT -3- 1 2 [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. 7 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. 10 IT IS SO ORDERED. 11 12 DATED: 11/29/2018 _____________, 2018 13 14 15 Honorable Claudia Wilken United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 18-cv-00268-CW STIPULATION AND [PROPOSED] ORDER RE: INITIAL CMC & SECOND AMENDED COMPLAINT -4-

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?