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)

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1 Lorraine P. Ocheltree (SBN 151791) DUANE MORRIS LLP 2 One Market, Spear Tower, Suite 2000 San Francisco, CA 94105-1104 3 Telephone: 415.957.3000 Facsimile: 415.957.3001 4 E-Mail: lpocheltree@duanemorris.com 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: 404.253.6900 Facsimile: 404.253.6901 9 E-mail: jaciucci@duanemorris.com 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: 408.288.3868 15 Facsimile: 408.288.3860 Email: amy@calemploy.com 16 17 Attorney for Plaintiff Alice Cordova 18 IN THE UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 ALICE CORDOVA, Case No.: C 10-00828 EJD Plaintiff, v. BURKE INDUSTRIES INC. JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT BRIEFING SCHEDULE Defendant. 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT BRIEFING SCHEDULE DM2\2950395.2 Case No.: C 10-00828 EJD 1 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: 4 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”). 6 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. 8 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. 10 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. 12 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. 14 NOW, THEREFORE, Plaintiff and Defendant hereby stipulate and agree as follows: 15 1. Plaintiff’s Response to Defendant’s Motion for Summary Judgment shall be due on or 16 before August 19, 2011. 17 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 20 By: /s/ Lorraine P. Ochletree Lorraine P. Ocheltree (SBN 151791) Joseph A. Ciucci (admitted pro hac vice) Attorneys for Defendant MANNINGTON MILLS, INC. By: 21 /s/ Amy Carlson Amy Carlson (SBN 213294) Attorney for Plaintiff ALICE CORDOVA 22 23 24 Dated: August 2, 2011 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT BRIEFING SCHEDULE DM2\2950395.2 2 Case No.: C 10-00828 EJD 1 2 ORDER IT IS SO ORDERED. 3 4 4 Dated: August __, 2011. 5 _____________________________ Honorable Judge Edward J. Davila United States District Court 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT BRIEFING SCHEDULE DM2\2950395.2 3 Case No.: C 10-00828 EJD 1 2 3 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. 4 5 Dated: August 2, 2011. 6 DUANE MORRIS LLP By: 7 /s/ Lorraine P. Ocheltree Lorraine P. Ocheltree Attorneys for Defendant MANNINGTON MILLS, INC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SUMMARY JUDGMENT BRIEFING SCHEDULE DM2\2950395.2 4 Case No.: C 10-00828 EJD

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