Chapel v. United States Department of Education

Filing 18

STIPULATION AND ORDER RE DEFENDANT'S MOTION TO DISMISS AND CMC re 16 Proposed Order filed by United States Department of Education. Signed by Judge Paul S. Grewal on October 21, 2011. (psglc1, COURT STAFF) (Filed on 10/21/2011) (Additional attachment(s) added on 10/21/2011: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

1
2
3
4

MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
JAMES A. SCHARF (CSBN 152171)
Assistant United States Attorney

6

150 Almaden Boulevard, Suite 900
San Jose, CA 95113
Telephone: [phone]
FAX: [phone]
[e-mail]

7

Attorneys for Federal Defendant

5

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12
13
14
15
16
17

RANDY CHAPEL,

)
)
Plaintiff,
)
)
)
)
)
)
UNITED STATES DEPARTMENT
)
OF EDUCATION,
)
)
Defendant.
)
____________________________________)

CASE NO. CV 11-04344 PSG
STIPULATION AND [PROPOSED]
ORDER RE DEFENDANT’S MOTION
TO DISMISS AND THE CMC

18
19

Plaintiff and defendant, through its counsel, hereby stipulate to extend the hearing on
defendant’s motion to dismiss to December 6, 2011, at 10:00 a.m. Plaintiff’s opposition shall be

20
due November 14, 2011, and defendant’s reply shall be due November 21, 2011. The purpose of
21
22
23
24

this extension is to provide plaintiff additional time to review documents that defendant has
produced and has agreed to produce and to provide both parties with additional time to complete
the ongoing meet and confer process.
So as to avoid multiple court appearances, the parties further stipulate to continue the

25

Case Management Conference to December 6, 2011, to be held, if necessary, immediately

26

following the hearing on defendant’s motion to dismiss. The parties’ CMC Statements shall be

27

due on November 29, 2011.

28

1

Dated: October 19, 2011

2
Respectfully submitted,
3
MELINDA HAAG
United States Attorney

4
5

By:

________/S/_______________
JAMES A. SCHARF
Assistant United States Attorney
Attorney for Federal Defendant

By:

_______/S/________________
RANDY CHAPEL
Plaintiff

6
7
8
9
10
11

Pursuant to the parties’ stipulation, and good cause appearing, it is hereby ordered:

12

1. The hearing on defendant’s motion to dismiss is continued to December 6, 2011, at

13

10:00 a.m. Plaintiff’s opposition shall be due November 14, 2011, and defendant’s reply shall be

14

due November 21, 2011.

15

2. The Case Management Conference is continued to December 6, 2011, to be held, if

16

necessary, immediately following the hearing on defendant’s motion to dismiss. The parties’

17

CMC Statements shall be due on November 29, 2011.

18
Dated: October __, 2011
21
19
20
21
22
23
24
25
26
27
28

_____________________________
Hon. Paul Grewal
United States Magistrate Judge