Vathana v. EverBank et al

Filing 84

ORDER RESCHEDULING HEARING FOR PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND REVISING BRIEFING SCHEDULE. Motion Hearing set for 1/6/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/4/10. (cl, COURT STAFF) (Filed on 11/5/2010)

Vathana v. EverBank et al

Doc. 84

*E-Filed 11/5/10* 1 MICHAEL MILLEN (SBN 151731) 2 Los Gatos, CA 95032 3 Fax: [phone]

119 Calle Marguerita Ste. 100 Telephone: [phone] [e-mail] Attorney for Plaintiff

6 [e-mail] 7 10250 Constellation Blvd. 8 310.788.5100

BROOKS R. BROWN (SBN 250724) GOODWIN PROCTER LLP

Los Angeles, California 90067

9 ROBERT B. BADER (SBN 233165) 10 GOODWIN PROCTER LLP

[e-mail]

11 San Francisco, California 94111 12

Three Embarcadero Center, 24th Floor 415.733.6000

13 [e-mail] 14 [e-mail] 15 Exchange Place 16 617.570.1000

DEBORAH S. BIRNBACH (pro hac vice) BROOK L. AMES (pro hac vice) GOODWIN PROCTER LLP Boston, MA 02109

17 Attorneys for Defendants 18 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 09-CV-02338-RS [PROPOSED] ORDER RESCHEDULING HEARING FOR PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND REVISING BRIEFING SCHEDULE Courtroom: 3 Judge: Hon. Richard Seeborg 450 Golden Gate Ave. San Francisco, CA

20 EK VATHANA, individually and on behalf of all others similarly situated, 21 Plaintiffs, 22 v. 23 EVERBANK a/k/a EVERBANK DIRECT 24 a/k/a EVERBANK FEDERAL SAVINGS ASSOCIATION, EVERBANK FINANCIAL 25 CORP, EVERBANK WORLD MARKETS, and DOES 1 to 25, 26 Defendants. 27 28
[PROPOSED] ORDER RESCHEDULING HEARING AND REVISING BRIEFING SCHEDULE

Case No. 09-CV-02338-RS Dockets.Justia.com

1

Upon consideration of the Joint Stipulation to Reschedule Hearing for Plaintiff's Motion

2 for Partial Summary Judgment and to Revise Briefing Schedule, filed by plaintiff Ek Vathana 3 and defendants EverBank, EverBank Financial Corporation and EverBank World Markets 4 (collectively, "Defendants"), IT IS HEREBY ORDERED as follows: 5 1. The hearing for Plaintiff's Motion for Summary Judgment/Partial Summary

6 Judgment, Docket Entry No. 76 ("Motion"), is rescheduled to Thursday, January 6, 2011 at 1:30 7 p.m. Any hearing on a cross-motion for summary judgment filed by Defendants in response to 8 this Motion will also occur on January 6, 2011. 9 2. Defendants' opposition to Plaintiff's Motion for Partial Summary Judgment, as

10 well as any cross-motion for summary judgment, must be filed by Monday, November 22, 2010. 11 3. Plaintiff's Reply regarding his Motion (and his opposition to Defendants'

12 anticipated cross-motion) must be filed by Thursday, December 16, 2010 and Defendants' Reply 13 regarding their anticipated cross-motion must be filed by December 23, 2010. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER RESCHEDULING HEARING AND REVISING BRIEFING SCHEDULE

11/4 Dated: _________________, 2010

______________________________ HON. RICHARD SEEBORG United States Magistrate Judge

Case No. 09-CV-02338-RS