Lum et al v. Service Employees International Union Local 521 et al

Filing 10

ORDER APPROVING STIPULATION 8 . Signed by Judge Lucy H. Koh on 1/7/2015. (lhklc3S, COURT STAFF) (Filed on 1/7/2015)

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ANNE I. YEN, Bar No. 187291
KERIANNE R. STEELE, Bar No. 250897
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Service Employees International Union, Local 521
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. 14-CV-05230 LHK

JEFFREY LUM, et al.,
Plaintiffs,

v.
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 521, et al.,
Defendants.

STIPULATED REQUEST FOR
EXTENSION OF TIME TO RESPOND
TO COMPLAINT; [PROPOSED]
ORDER THEREON
[LOCAL RULE 6-1]
Hearing Date: N/A
Time: N/A
Courtroom: N/A
Judge:
Hon. Lucy H. Koh

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; [PROPOSED]
ORDER THEREON
Case No. 14-CV-05230 LHK

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STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO
COMPLAINT

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The parties to the above-captioned case, by and through their undersigned counsel of
record, hereby respectfully request that Defendants Service Employees International Union, Local
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521 (hereinafter “SEIU Local 521”), Alan Minato, Controller-Treasurer of the County of Santa
Clara (hereinafter “Controller-Treasurer Minato”), and County of Santa Clara (hereinafter
“County”) be granted until and including February 6, 2015, to respond to Plaintiffs’ Complaint.
In support of that request, the parties state as follows:

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1.

January 16, 2015. The requested extension until and including February 6, 2015 will afford
Controller-Treasurer Minato a twenty-one (21) day extension of time to respond to the
Complaint.

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2.

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five (25) day extension of time to respond to the Complaint.
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twenty-eight (28) day extension of time to respond to the Complaint.
4.

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No previous extensions of time to respond to the Complaint have been requested

or granted in this case.

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The responsive pleading on behalf of SEIU Local 521 is currently due on January

8, 2015. The requested extension until and including February 6, 2015 will afford Local 521 a

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The responsive pleading on behalf of the County is currently due January 12,

2015. The requested extension until and including February 6, 2015 will afford County a twenty-

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The responsive pleading on behalf of Controller-Treasurer Minato is currently due

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The requested extension of time is necessary because Defendants have either only

recently secured, or are currently in the process of securing, counsel to represent them in this
case, Plaintiffs’ Complaint contains numerous factual allegations that counsel must investigate in
order to prepare responsive pleadings, and Defendants’ counsel have a number of litigation
commitments that will require their attention during the month of January.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Former Controller-Treasurer Irene Lui left her official position with the County of Santa Clara
after the Complaint in this matter was filed. She has been succeeded in her official capacity as the
County of Santa Clara Controller-Treasurer by Alan Minato. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Mr. Minato will be automatically substituted for Ms. Lui in his
official capacity as Controller-Treasurer for the County of Santa Clara.
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STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; [PROPOSED]
ORDER THEREON
Case No. 14-CV-05230 LHK

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6.

The requested extension of time will not require the Court to reschedule any

pretrial dates previously scheduled in this case.
The foregoing is hereby stipulated among the parties in this action, who respectfully

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request the Court to grant the extension of time.

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Dated: January 5, 2015

GARY, TILL & BURLINGHAM

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By:

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Dated: January 5, 2015

/s/ Steven Burlingham (with permission)
STEVEN BURLINGHAM
Attorneys for Plaintiffs JEFFREY LUM;
ANDREW LI; and the Classes They Seek to
Represent
Gary, Till & Burlingham
5330 Madison Avenue, Suite F
Sacramento, CA 95841
Phone: [phone]
Facsimile: [phone]
COUNTY OF SANTA CLARA

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By:

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Dated: January 5, 2015

/s/ Nancy Clark (with permission)
ORRY P. KORB
NANCY CLARK
Attorneys for Defendants COUNTY OF SANTA
CLARA and ALAN MINATO, as ControllerTreasurer, County of Santa Clara
Santa Clara County Office of County Counsel
70 West Hedding St., 9th Floor
San Jose, CA 95110
Phone: [phone]
Facsimile: [phone]
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

/s/ Kerianne R. Steele
KERIANNE R. STEELE
Attorneys for SEIU Local 521
Weinberg, Roger & Rosenfeld
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501
Phone: [phone]
Facsimile: [phone]

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; [PROPOSED]
ORDER THEREON
Case No. 14-CV-05230 LHK

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[PROPOSED] ORDER
IT IS SO ORDERED
Dated: January 7, 2015

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By:

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HONORABLE LUCY H. KOH
United States District Court Judge

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137792/793147

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; [PROPOSED]
ORDER THEREON
Case No. 14-CV-05230 LHK