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

Filing 35

STIPULATION AND ORDER 31 Continuing Deadlines Re: Motion to Dismiss. Signed by Judge Ronald M. Whyte on 4/15/10. (jg, COURT STAFF) (Filed on 4/15/2010)

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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: [phone] FAX: [phone] [e-mail] Attorneys for Defendant Secretary of U. S. Dept. of Health and Human Services UNITED STATES DISTRICT COURT

*E-FILED - 4/15/10*

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 Plaintiffs Michael and Richard DeSantis have recently retained counsel for this case. A Notice of Appearance was filed on March 2, 2010. Through previous stipulations and orders, this case was stayed through March 1, 2010, and the deadlines for plaintiffs' opposition to defendant's motion to dismiss and defendant's optional reply were extended to March 8, 2010, and March 15, 2010, respectively. In order to allow reasonable time for plaintiffs' new counsel to respond to defendant's motion, and due to other scheduling issues, the parties HEREBY STIPULATE AND REQUEST that the deadline for plaintiffs' opposition to defendant's motion to dismiss be extended to March 15, 2010, and the deadline for defendant's reply memorandum 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 CONTINUING DEADLINES RE MOTION TO DISMISS

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be extended to March 29, 2010. As with the previous orders in this case, if any parties wish 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: March 2, 2010 JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier ________________________________ CLAIRE T. CORMIER1/ Assistant United States Attorney

DATED: March 2, 2010

HOGAN HOLMES & USOZ LLP /s/ Leslie Holmes _______________________________ LESLIE HOLMES, Attorneys for Plaintiffs

[XXXXOXED] ORDER PROP XS XX Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY

16 ORDERED that plaintiffs' opposition to defendant's motion to dismiss shall be due on or before 17 March 15, 2010, and defendant's optional reply shall be due on or before March 29, 2010. If 18 any parties wish to have a hearing on the motion, they shall make a request to the Court. 19 Otherwise, the motion will be deemed submitted on the papers. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 I, Claire T. Cormier, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
Stipulation and [Proposed] Order re Briefing Schedule 2 C a s e No. C07-03564 RM W (HRL)
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4/15 DATED: __________________, 2010

_________________________________________ RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE