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

Filing 332

STIPULATION AND ORDER re 331 modifying scheduling order re cross-motions for summary judgment. Oppositions due by 6/25/2010. Replies due by 8/5/2010. Motion hearings set for 9/14/2010, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 6/24/2010. (hrllc2, COURT STAFF) (Filed on 6/24/2010)

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MIGUEL MÁRQUEZ, 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] 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

Pursuant to the Court's April 28, 2010 Order (Docket No. 328), hearing on the parties cross-motions for summary judgment is scheduled for August 24, 2010. The April 28, 2010 order specified that oppositions for both cross-motions were due on June 22, 2010 and July 20, 2010. Pursuant to the Court's order dated June 17, 2010 (Docket No. 330) the briefing schedule was further modified as follows: Oppositions due by June 24, 2010 and Replies due by July 22, 2010. Because of Defendant County of Santa Clara's counsel's family plans during the week of August 24, 2010, and further calender issues of Relator's counsel, the parties have agreed to a modification of the current schedule with the Court's permission. Therefore, the parties hereby submit the following stipulation and order to modify the current scheduling order as follows:
S t i p u l a t i o n and XXXXXXX Order to Modify [Proposed] S c h e d u lin g Order; Decl of Steve Schmid

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Current Hearing Date for both cross-motions Oppositions due for both cross-motions Replies due for both cross-motions August 24, 2010 June 24, 2010 July 22, 2010

Proposed September 14, 2010 June 25, 2010 August 5, 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 County Counsel Dated: June 22, 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: June 22, 2010

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

S t i p u l a t i o n and XXXXXXX Order to Modify [Proposed] S c h e d u lin g Order; Decl of Steve Schmid

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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. The parties have previously requested continuance of the hearing on two

cross-motions for summary judgment and modification of the briefing schedule. When the Court responded by continuing the hearing date from June 8, 2010 to August 24, 2010, I neglected to note that I had family plans to be out of town that day. On June 21, 2010, I telephoned Relator's attorney to find out if Relator would agree to stipulate to a request to continue the hearing date to a later date. We agreed upon September 14, 2010. Relator's counsel requested a stipulation to slightly modify the briefing schedule as follows: move the date for filing oppositions from June 24, 2010 to June 25, 2010, and move the date for filing Replies from July 22, 2010 to August 5, 2010. Defendant County is amenable to these briefing modifications. 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 22nd day of June, 2010 at San Jose, California. /S/ STEVE SCHMID

S t i p u l a t i o n and XXXXXXX Order to Modify [Proposed] S c h e d u lin g Order; Decl of Steve Schmid

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ORDER The Court has considered the stipulation to modify the scheduling order information currently in force and makes the following order pursuant to the stipulation: Current XXXXXX Hearing Date for both cross-motions Oppositions due for both cross-motions Replies due for both cross-motions August 24, XXX XXXXXXX2010 June 24, 2010 XXXXXXXX Jul XXXXXX XXy 22, 2010 ProXosXd XX p X e X September 14, 2010 June 25, 2010 August 5, 2010

IT IS SO ORDERED.

June __ ____ Dated:______24,_2010 _

_______________________________ JUDGE HOWARD R. LLOYD United States Magistrate Judge

S t i p u l a t i o n and XXXXXXX Order to Modify [Proposed] S c h e d u lin g Order; Decl of Steve Schmid

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