Mou v. City of San Jose et al

Filing 76

Ex Parte Application Ex Parte Request for Extension of Time to File Brief filed by City of San Jose. (Burchfiel, Robert) (Filed on 11/5/2010)

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1 RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) 2 ROBERT BURCHFIEL, Sr. Deputy City Attorney (#112318) Office of the City Attorney 3 200 East Santa Clara Street San Jos6, California 95113-1905 4 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 5 E-Mail Address: 6 Attorneys for Defendant, CITY OF SAN JOSE 7 8 UNITED STATES DISTRICT COURT 9 NOTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 10 11 12 CHIN-LI MOU, Case Number: C07-05740 JF Plaintiff, 13 EX PARTE REQUEST’ FOR EXTENSION OF TIME TO FILE BRIEF 14 15 CITY OF SAN JOSE, SAN JOSE PUBLIC LIBRARY EDUCATION PARK BRANCH, 16 Defendants. 17 18 19 Pursuant to the Court’s Order dated October 25, 2010, Defendant City of San Jose 20 was ordered to file a brief on or before November 8, 2010 as to Plaintiff’s ability to pay the 21 costs awarded in the above action. Due to personal scheduling difficulties, counsel for 22 defense requests a one-week extension of time within which to file said brief. This request 23 would result in a change in the briefing schedule to be Defendant’s brief due on or before 24 IIIII 25 26 III1! 27 ///I/ 28 1 EX PARTE REQUEST FOR EXTENSION OF TIME TO FILE BRIEF Case Number: C07-5740 JF 7O5712 1 November 15, 2010 while Plaintiff’s brief would be rescheduled to be filed on or before 2 November 29, 2010. Respectfully submitted, 3 4 Dated: November 5, 2010 RICHARD DOYLE, City Attorney 5 6 7 8 Attorney for Defendant, CITY OF SAN JOSE 9 10 11 ORDER With good cause appearing therefore, the Court hereby modifies the Briefing 12 Schedule as follows: 13 1) On or before November 15, 2010, Defendants shall file and serve a brief not to 14 exceed five (5) pages in length, as to Plaintiff’s ability to pay costs; and 15 2) On or before November 29, 2010, Plaintiff shall file and serve a reply brief, not 16 to exceed five (5) pages in length. 17 The matter thereafter will be submitted without oral argument. 18 IT IS SO ORDERED. 19 20 Dated: 21 HONORABLE JEREMY FOGEL United States District Court Judge 22 23 24 25 26 27 28 2 EX PARTE REQUEST FOR EXTENSION OF TIME TO FILE BRIEF Case Number: C07-5740 JF 705712 PROOF OF SERVICE 1 2 CASE NAME: Mou v. CSJ, et al. 3 CASE NO.: C07-05740 RS 4 I, the undersigned declare as follows: 5 I am a citizen of the United States, over 18 years of age, employed in Santa Clara County, and not a party to the within action. My business address is 200 East Santa Clara 6 Street, San Jose, California 95113-1905, and is located in the county where the service described below occurred. 7 On November 5, 2010, I caused to be served the within: 8 EX PARTE REQUEST FOR EXTENSION OF TIME TO FILE BRIEF 9 [] by MAIL, with a copy of this declaration, by depositing them into a sealed envelope, 10 with postage fully prepaid, and causing the envelope to be deposited for collection and mailing on the date indicated above. 11 I further declare that I am readily familiar with the business’ practice for collection 12 and processing of correspondence for mailing with the United States Postal Service. Said correspondence would be deposited with the United States Postal 13 Service that same day in the ordinary course of business. 14 [] 15 16 by E-MAIL, with a copy of this declaration, by sending them to the e-mail address listed below. Addressed as follows: Ms. Chin-Li Mou 17 4141 Boneso Circle 18 San Jose, CA 95134 Phone Number: (408) 954-8085 19 E-Mail: 20 In Propria Persona 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 5, 2010., at San Jose, California. 22 23 24 25 26 27 28 705712

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