Desantis et al v. Secretary of Health and Human Services, United States of America
STIPULATION AND ORDER 21 Extending Stay Until 2/27/09 and Continuing Deadlines Re: Motion to Dismiss. Signed by Judge Ronald M. Whyte on 11/24/08. (jg, COURT STAFF) (Filed on 11/25/2008)
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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CSBN 154364) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5082 FAX: (408) 535-5081 Claire.Cormier@usdoj.gov Attorneys for Defendant Secretary of U. S. Dept. of Health and Human Services UNITED STATES DISTRICT COURT
*E-FILED - 11/24/08*
10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the reasons described below, the parties to this action HEREBY STIPULATE AND REQUEST that the current stay of this case be extended to February 27, 2009, and that the deadlines for further briefing related to defendant's motion to dismiss be similarly extended. On June 11, 2008, after the stipulated request of the parties, this Court stayed this case for six months and extended the deadline for plaintiffs' opposition to defendant's motion to dismiss to December 5, 2008. Plaintiff Michael DeSantis has informed defendant's counsel that plaintiffs have had to go to Webster, New York to deal with a family emergency, and that he has had a recent medical condition that has caused him to go on temporary disability. Accordingly, v. SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Defendant. MICHAEL A. DESANTIS, an individual; and RICHARD J. DESANTIS, an individual Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 07-03564 RMW (HRL) STIPULATION AND  ORDER EXTENDING STAYAND CONTINUING DEADLINES RE MOTION TO DISMISS
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plaintiffs requested this continuance of the stay. Therefore, the parties STIPULATE AND REQUEST that the stay be continued to February 27, 2009. The parties further request that the deadline for plaintiffs' opposition to defendant's motion to dismiss be extended to March 6, 2009, and that the deadline for defendant's optional reply memorandum be extended to March 13, 2009. As with the previous order in this case, if either parties wishes to have a hearing on the motion, they shall make a request to the Court. Otherwise the motion to dismiss will be deemed submitted on the papers. Respectfully submitted, DATED: November 14, 2008 JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier ________________________________ CLAIRE T. CORMIER Assistant United States Attorney
DATED: November 14, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 14, 2008
/s/ Michael A. Desantis ________________________________ MICHAEL A. DESANTIS, Plaintiff /s/ Richard J. Desantis ________________________________ RICHARD J. DESANTIS, Plaintiff  ORDER
Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that this case shall remain stayed until February 27, 2009. Plaintiff's opposition to defendant's motion to dismiss shall be due on or before March 6, 2009, and defendant's optional reply shall be due on or before March 13, 2009. If either party wishes to have a hearing on the motion, they shall make a request to the Court. Otherwise, the motion will be deemed submitted on the papers. IT IS SO ORDERED.
11/24 DATED: __________________, 2008
_________________________________________ RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE 2
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