Mitchell v. County Of Monterey

Filing 132

STIPULATION AND ORDER GRANTING REQUEST TO EXTEND PAGE LIMIT FOR MOTIONS FOR SUMMARY JUDGMENT re 90 Stipulation. Signed by Judge James Ware on 12/29/2010. (ecg, COURT STAFF) (Filed on 12/29/2010)

Mitchell v. County Of Monterey

Doc. 132

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CHARLES J. McKEE (SBN 152458) County Counsel WILLIAM K. RENTZ (SBN 058112) Sr. Deputy County Counsel Office of the County Counsel 168 W. Alisal Street, 3rd Floor Salinas, California 93901-2680 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for COUNTY OF MONTEREY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DAN MITCHELL, et al., Plaintiffs, v. COUNTY OF MONTEREY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 08-01166 JW STIPULATION TO EXTEND PAGE LIMIT FOR MOTIONS FOR SUMMARY JUDGMENT PURSUANT TO LOCAL RULE 7-4(b); ORDER Hearing Date: Time: Courtroom: Judge: January 31, 2011 9:00 a.m. 8 Hon. James Ware

Trial Date: March 22, 2011

Defendant, COUNTY OF MONTEREY, by and through their attorney of record herein, and Plaintiffs, DAN MITCHELL, et al., by and through their attorneys of record, stipulate as follows: 1. The above-referenced action was brought under the Fair Labor Standards Act.

There are twenty-two plaintiffs in this action; each alleging the County violated the FLSA by failing to properly compensate them over an approximately five year long period. The County's
Dan Mitchell, et al. v. County of Monterey (Case No. C 08-01166 JW) STIPULATION AND ORDER TO EXPAND PAGE LIMIT OF MOVING AND OPOPSING PAPERS ON MOTION FOR SUMMARY JUDGMENT Page 1

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First Amended Answer sets forth nineteen affirmative defenses. 2. Due to the complexity of the above reference action, it is requested that the page

limit of 25 pages cited in Local Rules of Court for the Northern U.S. District Court 7-4 (b), for any Memorandum of Points and Authorities be expanded to 45 pages for the moving memoranda of points and authorities filed by either party in the upcoming motions for summary judgment. 3. The Opposition to both Defendant's and Plaintiff's Motions to Summary

Judgment shall also be expanded to 45 pages.

DATED: December 22, 2010.

Respectfully submitted, CHARLES J. McKEE County Counsel By ___/w/ WILLIAM K. RENTZ___ WILLIAM K. RENTZ, ATTORNEYS FOR COUNTY OF MONTEREY

DATED: December 22, 2010

MASTAGNI HOLSTEDT AMICK MILLER & JOHNSEN

By __/s/ ISAAC STEVENS __ DAVID E. MASTAGNI, ISAAC STEVENS ATTORNEYS FOR PLAINTIFF DAN MITCHELL, et al

Dan Mitchell, et al. v. County of Monterey (Case No. C 08-01166 JW) STIPULATION AND ORDER TO EXPAND PAGE LIMIT OF MOVING AND OPOPSING PAPERS ON MOTION FOR SUMMARY JUDGMENT Page 2

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ORDER Good cause appearing, the foregoing stipulations of the parties are hereby approved, adopted, and made an Order of the Court.
December 29, 2010 Dated: _______________

__________________________________________ JUDGE OF THE U.S. DISTRICT COURTCOURT

Dan Mitchell, et al. v. County of Monterey (Case No. C 08-01166 JW) STIPULATION AND ORDER TO EXPAND PAGE LIMIT OF MOVING AND OPOPSING PAPERS ON MOTION FOR SUMMARY JUDGMENT Page 3