United States of America et al v. The County of Santa Clara et al

Filing 328

STIPULATION AND ORDER re 327 Modifying Scheduling Order. Schedule re cross-motions for summary judgment modified as follows: Oppositions due by 6/22/2010. Replies due by 7/20/2010. Motion hearing set for 8/24/2010, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 4/28/2010. (hrllc2, COURT STAFF) (Filed on 4/28/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M IG U E L M Á R Q U E Z A c tin g C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

MIGUEL MÁRQUEZ, Acting County Counsel (S.B. #184621) MELISSA R. KINIYALOCTS, Lead Deputy County Counsel (S.B. #215814) STEPHEN H. SCHMID, Deputy County Counsel (S.B. #078055) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: [phone] *E-FILED 04-28-2010* Facsimile: [phone] Attorneys for Defendants COUNTY OF SANTA CLARA, KENNETH BORELLI, LAWRENCE GALLEGOS, EPIFANIO REYNA, and TANYA BEYERS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (San Jose)

UNITED STATES OF AMERICA, ex. rel. DONNA M McLEAN et al.,

) ) ) Plaintiffs, ) ) ) v. ) ) THE COUNTY OF SANTA CLARA, a ) municipality et al., ) ) ) Defendants. ) __________________________________)

No.

C05-01962 HRL

STIPULATION AND PROPOSED ORDER XXXXXXXX TO MODIFY SCHEDULING ORDER; DECLARATION OF STEVE SCHMID IN SUPPORT THEREOF

MODIFIED BY THE COURT

Pursuant to the Court's April 2, 2010 Order (Docket No. 307), hearing on the parties cross-motions for summary judgment is scheduled for June 8, 2010. The April 2, 2010 order specified a briefing schedule set "in accordance with a normal 35-day calendar under Civil Local Rule 7." Therefore, opposition briefs are due on May 18, 2010 and reply briefs are due on May 25, 2010. Due to the factual complexity of Relator's Motion for Partial Summary Judgment, Defendants will require additional time to file their opposition. Relator has agreed to a modification of the April 2, 2010 Order with the Court's permission. Therefore, the parties hereby submit the following stipulation and order to modify the current scheduling order as
S t i p u l a t i o n and Proposed Order to Modify S c h e d u lin g Order; Declaration of Steve S c h m id in Support Thereof

1

C 0 5 -0 1 9 6 2 HRL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M IG U E L M Á R Q U E Z A c tin g C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

follows: Current Hearing Date for both cross-motions Oppositions due for both cross-motions Replys due for both cross-motions June 8, 2010 May 18, 2010 May 25, 2010 Proposed August 3, 2010 June 22, 2010 July 20, 2010

This Stipulation and Proposed Order is accompanied by the Declaration of Steve Schmid attached hereto. I hereby attest that I have on file all holographic signatures for any signatures indicated by "conformed" signature (/S/) within this efiled document. IT IS SO STIPULATED.

Respectfully Submitted, MIGUEL MÁRQUEZ Acting County Counsel Dated: April 27, 2010 By: /S/ STEVE SCHMID Deputy County Counsel Attorneys for Defendants COUNTY OF SANTA CLARA, KENNETH BORELLI, LAWRENCE GALLEGOS, EPIFANIO REYNA, and TANYA BEYERS

Dated: April 27, 2010 By:

LAW OFFICE OF JEREMY L. FRIEDMAN TIERNEY, WATSON & HEALY /S/ Jeremy L. Friedman JEREMY FRIEDMAN Attorneys for Relator DONNA McLEAN

S t i p u l a t i o n and Proposed Order to Modify S c h e d u lin g Order; Declaration of Steve S c h m id in Support Thereof

2

C 0 5 -0 1 9 6 2 HRL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M IG U E L M Á R Q U E Z A c tin g C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

DECLARATION OF STEVE SCHMID IN SUPPORT OF STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER I, Steve Schmid, declare as follows: 1. I am employed as a Deputy County Counsel for the County of Santa Clara and am

duly licensed to practice law before this Court and all California courts. I am one of the attorneys of record for the County of Santa Clara Defendants. 2. Relator's motion for partial summary judgment is voluminous and data-intensive. It

will require more time to efficiently and completely respond to the factual portion of the motion than can be accomplished under the current briefing schedule. 3. This request for an order to modify the scheduling order is made jointly pursuant to

stipulation. Counsel for Relator and Santa Clara County Defendants have met and conferred regarding the proposed modified schedule. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 27th day of April, 2010 at San Jose, California.

/S/ STEVE SCHMID

S t i p u l a t i o n and Proposed Order to Modify S c h e d u lin g Order; Declaration of Steve S c h m id in Support Thereof

3

C 0 5 -0 1 9 6 2 HRL

1 2 3 4 5 6 7 8 IT IS SO ORDERED. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M IG U E L M Á R Q U E Z A c tin g C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

ORDER The Court has considered the stipulation to modify the scheduling order information modification specified in the April 2, 2010 Order and makes the following ==========- to the stipulation: order pursuant Current Hearing Date for both cross-motions Oppositions due for both cross-motions Replys due for both cross-motions June 8, 2010 May 18, 2010 May 25, 2010 Proposed 24 August X 2010 10:00 AM 3, June 22, 2010 July 20, 2010

A ___28, 2010 Dated:___pril ________

_______________________________ JUDGE HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

269904.wpd

S t i p u l a t i o n and Proposed Order to Modify S c h e d u lin g Order; Declaration of Steve S c h m id in Support Thereof

4

C 0 5 -0 1 9 6 2 HRL