Ager v. Hedgepath et al

Filing 24

STIPULATION AND ORDER AS MODIFIED BY THE COURT (Correction of 21 ). The court advances the hearing on Defendant's Motion to Dismiss (Docket Item No. 17 ) to July 6, 2012, at 9:00 a.m. The Case Management Conference is continued to July 6, 2012 , at 10:00 a.m. The parties shall file a Joint Case Management Conference Statement on or before June 29, 2012. The briefing schedule is modified as stipulated. Signed by Judge Edward J. Davila on 4/18/2012. (ecg, COURT STAFF) (Filed on 5/16/2012) Modified text on 5/16/2012 (ecg, COURT STAFF).

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KAMALA

D. HARRIS

Attorney General of California
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WILLIAM C. KWONG

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ADRIANO HRVATIN

Supervising Deputy Attorney General
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Deputy Attorney General
State Bar No. 220909
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: Adriano.Hrvatin@doj .ca.gov
Attorneys for Defendants
Hedgpeth, Hedrick, and Spencer

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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C 11-6642 EJD

DANIEL AGER, Individually and as
Successor in Interest to the Estate of Alan
Ager, KATHRYN AGER and ELIZABETH
AGER,

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v.

STIPULATION AND [PROPOSED]
ORDER MODIFYING BRIEFING
SCHEDULE AND HEARING ON
Plaintiffs, DEFENDANTS' MOTION TO DISMISS
AND TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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ANTHONY HEDGPETH, et al.,

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Judge: The Honorable Edward J. Davila
Action Filed: December 23, 2011

Defendants.

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Pursuant to Local Rules 6-2(a) and 7-12 of the Northern District's Civil Local Rules,

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Plaintiffs Daniel Ager, individually and as successor in interest to the Estate of Alan Ager,

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Kathryn Ager, and Elizabeth Ager (Plaintiffs) and Defendants Hedgpeth, Hedrick, and Spencer

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(Defendants), through their attorneys, respectfully stipulate, subject to the Court's consideration

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and approval, as follows:

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1.

On April 11, 2012, Defendants filed a motion to dismiss Plaintiffs' complaint under

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Rules 12(b)(1) and 12(b)(6) ofthe Federal Rules of Civil Procedure. (Docket Nos. 17~·19.) The

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motion is noticed to be heard at 9:00a.m. on September 14, 2012. (Docket No. 17.)
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Stip. & [Proposed] Order Modifying Sched. (C 11-6642 EJD)

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In connection with Defendants' motion, and in accordance with Local Rule 7-3, the

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Notice of Electronic Filing generated automatically by the Court's ECF system provides that

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Plaintiffs' opposition to the motion is due April25, 2012 and that Defendants' reply biiefis due

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May 2, 2012. (Jd.)

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3.

An initial case management conference is scheduled to take place in this matter at

10:00 a.m. on June 8, 2012. (Docket No. 15.)

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4.

On April11, 2012, counsel for Plaintiffs and Defendants met and conferred regarding

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a proposed extension to the current briefing schedule and to advarl.ce the hearing on Defendants'

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motion to dismiss. Counsel identified the following issues to support a modification to the

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current schedule. First, Plaintiffs' counsel begins a two-week trial on April16, 2012 that will

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prevent him from opposing Defendants' motion to dismiss by the current April25 deadline.

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Second, counsel agree that, given the threshold,nature of the issues raised by Defendants' motion,

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the litigation of this matter would benefit substantially from a hearing and ruling on Defendants'

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motion well in advance of the currently noticed September 14 hearing date.

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5.

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To address these issues, counsel agreed and propose to modify the briefing and

hearing schedule on Defendants' motion as follows:

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Plaintiffs' opposition due:

May 18,2012

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Defendants' reply due:

June 1, 2012

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Hearing on Defendants' motion:

June 15,2012 at 10:00 a.m.

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6.

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Moreover, to preserve the resources of the Court and the parties, counsel agreed and

propose that the initial case management conference be continued one weekfrom June 8, 2012 to
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June 15, 2012 at 10:00 a.m., which would coordinate the conference with the proposed modified
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hearing date on Defendants' motion to dismiss.
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·This agreed-upon extension of the briefing schedule and modification to the hearing

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date on Defendants' motion, as well as the date of the initial case management conference, is not

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submitted for purpose of delay. It instead attempts to provide a reasonable accommodation of the

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deadlines impacted by Plaintiffs' counsel's trial schedule as well as to focus any further litigation

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ofthis matter, in light of the issues raised by Defendants' motion to dismiss. For example, the
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Stip. & [Proposed] Order Modifying Sched. (C 11-6642 EJD)

04-17-'12 15:23 FROM-Scott Law Firm

4155619609

T-547 P0004/0006 F-157

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motion challenges whether Plaintiffs have standing to pursue certain claims on behalf of their

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deceased father and separately challenges whether Plaintiffs have pleaded sufficie~t facts to state

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various claims for relief,

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8.

The proposed changes to the cunent schedttle further promote judicial cfficie11cy and

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economy as it will provide both parties with a more complete a11d fait oppor(ultity to establish a

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record that su1'11ciently addresses the various issues raised by Defendants' motion. Moreover, the

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proposed changes will coordinate the hearing on Defendant'3' motion with COttnsels' appearance

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for the initial case management conference and thereby avoid multiple appearances. In this

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connection, the parties agree that the proposed changes to the current schedule will not catJse

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pt•ejudice to either party.
lT IS SO STIPULATED.
Respectfully Sub1t1itted,

Dated: Apri112.J 2012

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KAMALA D. HARRIS

Attomey General of California

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WILLIAM C. KWONG

Supervising Deputy Attorney General

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a./wL

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ADRIANO HRV ATlN

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Deputy Attorney General

Attorneys for Defendants

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·-~

Dated: April

13_, 2012

JOHN HOUSTON SCOTT.
LIZABETO N. DE!. VRIES
W. GORDON KAUPP
SCOTT LAW FIRM

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Stip. & [Proposed] Ordm· Modif)ring.Sch~d. (C 11-6642 EJD)

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[PROPOSED] ORDER
The court advances the hearing on Defendant's Motion to Dismiss (Docket Item No. 17)
On the stipulation of the parties, and good cause appearing:
to July 6, 2012, at 9:00 a.m. The Case Management Conference is continued to July 6,
2012, at 10:00 a.m. The parties shall file a Joint Case Management Conference
Statement on or before June 29, 2012. The briefing schedule is modified as stipulated.
IT IS SO ORDERED.

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Dated: April_, 2012
The Honorable Edward J. Davila
United States District Court Judge

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Stip. & [Proposed] Order Modifying Sched. (C 11-6642 EJD)