Cordova et al

Filing 42

STIPULATION AND ORDER Granting Extension of Summary Judgment Briefing Schedule re 41 Stipulation. Set/Reset Deadlines 39 MOTION for Summary Judgment Notice of Motion and Motion for Summary Judgment. Responses due by 8/19/2011. Replies due by 9/2/2011. Motion Hearing set for 1/20/2012 at 09:00 AM (previously set) in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 8/4/2011. (ecg, COURT STAFF) (Filed on 8/4/2011)

1 Lorraine P. Ocheltree (SBN 151791)
DUANE MORRIS LLP
2 One Market, Spear Tower, Suite 2000
San Francisco, CA 94105-1104
3 Telephone: [phone]
Facsimile: 415.957.3001
4 E-Mail: [e-mail]
5 Joseph A. Ciucci
(ADMITTED PRO HAC VICE)
6 DUANE MORRIS LLP
Atlantic Center Plaza
7 1180 West Peachtree Street NW, Suite 700
Atlanta, GA 30309-3448
8 Telephone: [phone]
Facsimile: 404.253.6901
9 E-mail:
[e-mail]
10 Attorney for Defendant
MANNINGTON MILLS, INC.
11 (improperly pled as BURKE INDUSTRIES, INC.)
12 Edward F. Cullen (SBN 133155)
Amy Carlson (SBN 213294)
13 WILLIAMS, PINELLI & CULLEN, LLP
110 North Third Street
14 San Jose, CA 95122
Telephone: [phone]
15 Facsimile: 408.288.3860
Email: [e-mail]
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17 Attorney for Plaintiff Alice Cordova
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALICE CORDOVA,

Case No.: C 10-00828 EJD
Plaintiff,

v.
BURKE INDUSTRIES INC.

JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
SUMMARY JUDGMENT BRIEFING
SCHEDULE

Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT
BRIEFING SCHEDULE
DM2\2950395.2

Case No.: C 10-00828 EJD

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Plaintiff Alice Cordova (“Plaintiff”), by and through her undersigned counsel, and Defendant

2 Burke Industries, Inc. (“Defendant”), by and through its undersigned counsel, hereby enter into the
3 following Joint Stipulation:
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WHEREAS Defendant filed its Motion for Summary Judgment in this matter on July 22,

5 2011, pursuant to a March 28, 2011 Order Extending Deadlines Per Stipulation (“Prior Order”).
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WHEREAS the hearing on the Motion for Summary Judgment was originally noticed for

7 August 25, 2011, as previously agreed and included in the Prior Order.
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WHEREAS, Plaintiff’s Response to Defendant’s Motion for Summary Judgment is currently

9 due on August 5, 2011, and Defendant’s Reply Brief is currently due on August 12, 2011.
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WHEREAS the parties received notice from the clerk that the hearing on the Motion for

11 Summary Judgment has been rescheduled to January 20, 2012.
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WHEREAS the parties have agreed to extend the summary judgment briefing schedule in

13 light of the fact that the hearing date has been continued.
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NOW, THEREFORE, Plaintiff and Defendant hereby stipulate and agree as follows:

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1.

Plaintiff’s Response to Defendant’s Motion for Summary Judgment shall be due on or

16 before August 19, 2011.
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2.

Defendant’s Reply in support of its Motion for Summary Judgment shall be due on or

18 before September 2, 2011.
19 Dated: August 2, 2011.

DUANE MORRIS LLP

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By:

/s/ Lorraine P. Ochletree
Lorraine P. Ocheltree (SBN 151791)
Joseph A. Ciucci (admitted pro hac vice)
Attorneys for Defendant
MANNINGTON MILLS, INC.

By:

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/s/ Amy Carlson
Amy Carlson (SBN 213294)
Attorney for Plaintiff
ALICE CORDOVA

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24 Dated: August 2, 2011
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT
BRIEFING SCHEDULE
DM2\2950395.2

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Case No.: C 10-00828 EJD

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ORDER
IT IS SO ORDERED.

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4 Dated: August __, 2011.
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_____________________________
Honorable Judge Edward J. Davila
United States District Court

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT
BRIEFING SCHEDULE
DM2\2950395.2

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Case No.: C 10-00828 EJD

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GENERAL ORDER 45 CERTIFICATION
I, Lorraine P. Ocheltree, hereby attest pursuant to N.D. Cal. General Order No. 45 that the
concurrence to the filing of this document has been obtained from each signatory hereto.

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5 Dated: August 2, 2011.
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DUANE MORRIS LLP
By:

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/s/ Lorraine P. Ocheltree
Lorraine P. Ocheltree
Attorneys for Defendant
MANNINGTON MILLS, INC.

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT
BRIEFING SCHEDULE
DM2\2950395.2

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Case No.: C 10-00828 EJD