Desantis et al v. Secretary of Health and Human Services, United States of America

Filing 25

STIPULATION AND ORDER 24 Extending Stay and Continuing Deadlines Re: Motion to Dismiss. Signed by Judge Ronald M. Whyte on 3/6/09. (jg, COURT STAFF) (Filed on 3/6/2009)

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1 2 3 4 5 6 7 8 9 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 - 3/6/09* 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 August 28, 2009. 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. Later, plaintiff Michael DeSantis informed defendant's counsel that plaintiffs had to go to Webster, New York to deal with a family emergency, and that he had a medical condition that caused him to go on temporary disability. Accordingly, plaintiffs requested and the Court granted a continuance of the stay through February 27, 2009. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff Michael DeSantis has recently informed defendant's counsel that he remains on medical leave. He requests a further continuance of the stay through August 28, 2009. Defendant does not object. Therefore, the parties STIPULATE AND REQUEST that the stay be continued to August 28, 2009. The parties further request that the deadline for plaintiffs' opposition to defendant's motion to dismiss be extended to September 4, 2009, and that the deadline for defendant's reply memorandum be extended to September 11, 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: February 26, 2009 JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier ________________________________ CLAIRE T. CORMIER Assistant United States Attorney /s/ Michael A. DeSantis ________________________________ MICHAEL A. DESANTIS, Plaintiff /s/ Richard J. DeSantis ________________________________ RICHARD J. DESANTIS, Plaintiff [] ORDER DATED: February 25, 2009 DATED: February 25, 2009 20 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY 21 ORDERED that this case shall remain stayed until August 28, 2009. Plaintiffs' opposition to 22 defendant's motion to dismiss shall be due on or before September 4, 2009, and defendant's 23 optional reply shall be due on or before September 11, 2009. If either party wishes to have a 24 hearing on the motion, they shall make a request to the Court. Otherwise, the motion will be 25 deemed submitted on the papers. 26 IT IS SO ORDERED. 27 DATED: __________________, 2009 28 _________________________________________ RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE 2 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 Plaintiff Michael DeSantis has recently informed defendant's counsel that he remains on medical leave. He requests a further continuance of the stay through August 28, 2009. Defendant does not object. Therefore, the parties STIPULATE AND REQUEST that the stay be continued to August 28,2009. The parties further request that the deadline for plaintiffs' opposition to defendant's motion to dismiss be extended to September 4,2009, and that the deadline for defendant's reply memorandum be extended to September 11,2009. 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: February_, 2009 JOSEPH P. RUSSONIELLO United States Attorney CLAIRE T. CORMIER Assistant United States Attorney DATED: February g .i.-; 2009 /' DATED: February 2';) ,2009 [xxRxxxxxxxxD]x ORDER P x OPOSE xx Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that this case shall remain stayed until August 28,2009. defendant's Plaintiffs' opposition to motion to dismiss shall be due on or before September 4,2009, and defendant's optional reply shall be due on or before September 11, 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. DATED: 3/6 , 2009 RONALD M. WHYTE UNITED STATES DISTRICT COURT mDGE 2

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