Ager v. Hedgepath et al

Filing 84

Order Granting 82 Stipulation Extending Deadline for Dispositive Motion. Deadline for dispositive motion due 5/3/2013. Signed by Hon. Edward J. Davila on 3/4/2013. (ecg, COURT STAFF) (Filed on 3/4/2013)

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KAMALA D. HARRIS
· Attorney General of California
THOMAS S. PATTERSON

Supervising Deputy Attorney General
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T

SAHAR NAYERI

Deputy Attorney General
State Bar No. 275246
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Defendants
A. Hedgpeth, B. Hedrick, and D. 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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DANIEL AGER, individually and as a
Successor in Interest to the Estate of Alan
Ager, Kathryn Ager and Elizabeth Ager,

STIPULATION EXTENDING
DEADLINE FOR DISPOSITIVE
Plaintiff, MOTION; [PROPOSED] ORDER
XXXXXXXX

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C 11-6642 EJD

v.

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

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ANTHONY HEDGPETH, ET AL.,
Defendants.

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·On February 22, 2013, Plaintiffs moved to modify the Court's Scheduling Order to change

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the current deadline for filing a dispositive motion from March 1, 2013 to May 3, 2013. In light

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of Plaintiffs' pending motion, the parties stipulate and respectfully request under Northern

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District Civil Local Rule 6-2 that the Court extend the current March 1, 2013 deadline for a

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dispositive motion to seven days after rules on Plaintiffs' motion, if Plaintiffs' motion is denied.

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As discussed in detail in counsel's accompanying declaration, filing a dispositive motion by

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Marchi, 2013 will be highly prejudicial to Defendants because it is currently unclear whether

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Plaintiffs will have .an opportunity to amend their complaint and what issues Defendants need to
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Stip. Ext. Deadline; Prop. Order (C 11-6642 EJD)

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address in their dispositive motion. Without this information, Defendants cannot properly

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address Plaintiffs' claims andallegations.

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In light of the foregoing, the parties jointly request that the current March 1, 2013 deadline .

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for filing a dispositive motion be changed to seven days after the Court rules on Plaintiffs' motion

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to modify in the event that the motion is denied, and the Scheduling Order remains unchanged.

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Dated: March 1, 2013

Is/ John Houston Scott
John Houston Scott
Counsel for Plaintiffs Daniel Ager, Kathryn
Ager, and Elizabeth Ager

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Dated: March 1, 2013

Is/ Sahar Nayeri
Sahar Nayeri
Deputy Attorney General
Counsel for Defendants A. Hedgpeth, B. Hedrick,
and D. Spencer

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Per the parties' stipulation, IT IS SO ORDERED.

Dated:

3/4/2013

~--~

Honorable Edward J. Davila
United States District Judge.

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SF2012401126
20674506.doc

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Stip~

Ext. Deadline; Prop. Order (C 11-6642 EJD)

CERTIFICATE OF SERVICE
Case Name:

D. A~er v. Hedgpeth, et al.

No.

C 11-6642 EJD

I hereby certify that on March 1, 2013, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:

STIPULATION EXTENDING DEADLINE FOR DISPOSITIVE MOTION;
[PROPOSED] ORDER
DECLARATION OF S. NAYERI SUPPORTING STIPULATION EXTENDING
DEADLINE FOR FILING DISPOSITIVE MOTION
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system .
. I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on March 1, 2013, at San Francisco,
California.

M. Luna
Declarant
20675609.doc

Is/ M Luna
Signature