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

Filing 50

STIPULATION AND ORDER 44 Withdrawing Motion and Setting Briefing Schedule, Motions terminated: 42 MOTION for Summary Judgment on in the alternative, remand back to administrative law judge for determination filed by Richard J. Desantis, Michael A. Desantis. Signed by Judge Ronald M. Whyte on 10/13/10. (jg, COURT STAFF) (Filed on 10/13/2010)

Download PDF
Desantis et al v. Secretary of Health and Human Services, United States of America Doc. 50 1 2 3 4 5 6 7 8 9 MELINDA HAAG (CSBN 132612) 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 Attorneys for Defendant Secretary of U. S. Dept. of Health and Human Services UNITED STATES DISTRICT COURT *E-FILED - 10/13/10* 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 Defendant filed the administrative record in this action in April of 2008. Since that time, there has been additional administrative activity relating to this case. Plaintiffs' recent motion for summary judgment was filed without the benefit of the additional administrative record. Accordingly, the parties to this action, through their counsel of record, HEREBY STIPULATE AND REQUEST as follows. Defendant will file the supplemental administrative record by October 12, 2010. Plaintiffs withdraw their previously filed motion for summary judgment. Plaintiffs will file a motion for summary judgment no later than November 15, 2010. 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) xxxxxxxxxx STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION AND SETTING BRIEFING SCHEDULE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Defendant will file an opposition and/or cross motion no later than December 20, 2010. Plaintiff will file a reply/opposition to cross-motion no later than January 10, 2011. If defendant filed a cross-motion, defendant may file an optional reply no later than January 31, 2011. The motion(s) will be deemed submitted on the papers. There will be no hearing unless the Court orders otherwise. Respectfully submitted, DATED: October 5, 2010 MELINDA HAAG United States Attorney /s/ Claire T. Cormier ________________________________ CLAIRE T. CORMIER1/ Assistant United States Attorney DATED: October 5, 2010 HOGAN HOLMES & USOZ LLP /s/ Leslie Holmes _______________________________ LESLIE HOLMES, Attorneys for Plaintiffs xPRxxPxxSExx ORDER [ xx O x O xx D] 18 Pursuant to the stipulation of the parties and good cause appearing, IT IS SO 19 ORDERED. 20 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) 1/ 10/13 DATED: __________________, 2010 _________________________________________ RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?