Richard Taylor v. United States Of America et al

Filing 87

STIPULATION AND ORDER (MODIFIED BY THE COURT) extending briefing and hearing re government's motion for summary judgment. Plaintiff's opposition due 2/8/2008. Government's reply due 2/15/2008. Motion hearing set for 3/4/2008, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 2/6/2008. (hrllc2, COURT STAFF) (Filed on 2/6/2008)

Richard Taylor v. United States Of America et al

Doc. 87

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JERRY Y. FONG, ESQ. (SBN 99673) CAREY & CAREY 706 COWPER STREET P.O. BOX 1040 PALO ALTO, CA 94302-1040 650/328-5510 650/853-3632 fax WILLIAM W. BURNS, ESQ. (SBN 44187 ) 15720 WINCHESTER BLVD., SUITE 2A LOS GATOS, CA 95030 408/395-2226 408/395-6480 fax Attorneys for Plaintiff RICHARD TAYLOR

*ORDER E-FILED 2/6/2008*

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION (MODIFIED BY THE COURT) RICHARD TAYLOR, Plaintiff, vs. UNITED STATES OF AMERICA, UNITED STATES AIR FORCE, and DOES 1 TO 500, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 03-00604-HRL THE PARTIES' STIPULATION FOR A EXTENSION OF TIME FOR PLAINTIFF TO FILE HIS OPPOSITION TO GOVT'S MOTION FOR SUMMARY JUDGMENT AND CORRESPONDING ADJUSTMENT FOR THE FILING OF THE REPLY, WITH PROPOSED ORDER RE SAME. Date of Hearing: Time: Mag.-Judge: February 26, 2008 9:00 a.m. Hon. Howard R. Lloyd

Plaintiff Richard Taylor, through his counsel Jerry Y. Fong and William Burns, and Defendant United States of America, through its counsel Claire T. Cormier, hereby jointly stipulate to request that the Court grant an extension of Plaintiff's time to file his Opposition to the pending Motion by the Government for Summary Judgment (scheduled to be heard on February 26, 2008 at 9:00 a.m.), from February 5, 2008 to February 8, 2008 and, correspondingly, the time for the Government to file its reply from February 12, 2008 to February 15, 2008. The hearing shall remain on February 26, 2008. This stipulation is made on the request of Plaintiff's counsel because they had mistakenly believed that Plaintiff's Opposition is due two weeks before the hearing (on February 12, 2008), not
1 STIPULATION AND ORDER RE EXTENSION OF TIME TO FILE OPPOSITION TO SJM

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the actual date of February 5, 2008. Plaintiff's attorneys believe that they will be able to file their opposition by Friday, February 8, 2008. To ensure that the Government will not be prejudiced by this extension of time, the parties also request that the Court grant a corresponding extension of time for the Government to file its reply, from February 12, 2008 to February 15, 2008. There has not been any prior application for the extension of time for filings in connection with the present motion for summary judgment. The parties believe that no additional scheduled matter will be affected by this request. It is so stipulated. DATED: Respectfully submitted, /S/ by JERRY Y. FONG, Attorneys for Plaintiff RICHARD TAYLOR

DATED: February 5, 2008

Respectfully submitted, JOSEPH P. RUSSONIELLO UNITED STATES ATTORNEY /S/ by CLAIRE T. CORMIER, Assistant United States Attorney, Attorney for Defendant United States of America ORDER

Pursuant to the parties' stipulation and good cause appearing herein, it is hereby ordered that the Plaintiff's time to file his Opposition to the pending Motion for Summary Judgment shall be extended to (and including) February 8, 2008 and that the Defendant's time to file its Reply shall be extended (and including) February 15, 2008. The hearing for the motion for summary judgment is continued to March 4, 2008, 10:00 a.m. s == l ===== on February 26, ===== 9:00 a.m. =hal=remain ============2008 at======= It is so ordered.

DATED: February 6, 2008

MAGISTRATE-JUDGE OF THE UNITED STATES DISTRICT COURT

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