Acosta et al v. City of Salinas

Filing 23

Order Granting 20 Stipulation to Extend Time to File Reply. Signed by Judge Lucy Koh on 01/14/2016. (lhklc2S, COURT STAFF) (Filed on 1/14/2016)

Case 5:15-cv-05415-LHK Document 20 Filed 01/13/16 Page 1 of 5

1 BRADLEY S. PHILLIPS (SBN 85263)
[e-mail]
2 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
3 Los Angeles, California 90071-1560
Telephone:
[phone]
[phone]
4 Facsimile:

5 JOSHUA S. MELTZER (SBN 291641)
[e-mail]

6 JOHN B. MAJOR (SBN 306416)
[e-mail]

7 MUNGER, TOLLES & OLSON LLP
560 Mission Street

8 Twenty-Seventh Floor

San Francisco, California 94105-2907
[phone]
Facsimile:
[phone]

9 Telephone:
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ANTHONY D. PRINCE (SBN 202892)
[e-mail]
Law Offices of Anthony D. Prince
2425 Prince Street
Berkeley, CA 94705
Telephone: [phone]
MARK D. ROSENBAUM (SBN 59940)
[e-mail]
GARY BLASI (SBN 70190)
[e-mail]
ANNE RICHARDSON (SBN 151541)
[e-mail]
ALISA HARTZ (SBN 285141)
[e-mail]
PUBLIC COUNSEL LAW CENTER
610 S. Ardmore Avenue
Los Angeles, California 90005
Telephone:
[phone]
Facsimile:
[phone]

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12 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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17 RITA ACOSTA, BESSIE TAYLOR, VAN
GRESHAM, CHERIE HERNANDEZ, JOHN

18 LERMA, JOSEPH BLAINS, AND WILLIAM
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SILAS,
Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
REPLY TO DEFENDANT’S OPPOSITION
TO MOTION FOR A PRELIMINARY
INJUNCTION

vs.

22 CITY OF SALINAS,
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Case No. 15-CV-05415-LHK

Defendant.

Judge: Hon. Lucy H. Koh
Courtroom: 8
Hearing Date: March 3, 2016
Time: 1:30 p.m.

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5:15-cv-05415-LHK
STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY TO DEFENDANT’S OPPOSITION TO
MOTION FOR A PRELIMINARY INJUNCTION

Case 5:15-cv-05415-LHK Document 20 Filed 01/13/16 Page 2 of 5

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Pursuant to Local Rule 6-2, Plaintiffs and Defendant hereby stipulate to this request that

2 the Court enter an order extending Plaintiffs’ time to file its reply to Defendant’s Opposition to
3 Motion for Preliminary Injunction (Dkt. 13) until January 19, 2016. Good cause exists for the
4 extension, no prior extensions have been granted in this case, and the extension should not affect
5 the currently scheduled hearing date.
RECITALS

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1. Plaintiff filed its Motion for a Preliminary Injunction on December 22, 2015. Dkt. 13.
The motion was served on Defendant City of Salinas by mail on the same day. Dkt. 13-23.
2. Defendant’s opposition would normally have been due two weeks later, on January 5,
2016. But, because the motion for a preliminary injunction was served by mail, the parties
conferred and agreed that Local Rule 7-3 granted Defendant an automatic three-day extension
within which to file its opposition, making the opposition due on January 8, 2016.
3. On January 8, 2016, the parties entered into a stipulation in which Plaintiffs agreed not
to move to advance the hearing date on the motion for a preliminary injunction to earlier than
March 3, 2016. In return, Defendant agreed not to enforce Ordinance No. 2564 or otherwise
conduct cleanups prior to March 3, 2016. Dkt. 19.
4. Defendant filed its opposition to the motion for a preliminary injunction on January 8,
2016. Dkt. 17. Pursuant to Local Rule 7-3(c), Plaintiffs’ reply would be due on January 15, 2016.
5. On January 12, 2016, the parties conferred and agreed to request an order extending the
time for Plaintiffs to file their reply to Defendant’s opposition. The parties agreed to an extension
until January 19, 2016.
6. Good cause exists for the extension. Defendant’s opposition included a number of
declarations and other evidence, and Plaintiffs are considering how to respond to that evidence.
Declaration of John B. Major (“Major Decl.”), ¶ 2.
7. Neither Plaintiffs nor Defendant have previously requested an extension of time in this
case. Major Decl. ¶ 3.
8. The motion for a preliminary injunction is scheduled for hearing on March 3, 2016.
Even with the extension of time, the Court will have more than six weeks to review the complete
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5:15-cv-05415-LHK

STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY TO DEFENDANT’S OPPOSITION TO
MOTION FOR A PRELIMINARY INJUNCTION

Case 5:15-cv-05415-LHK Document 20 Filed 01/13/16 Page 3 of 5

1 briefing in advance of the hearing, so the extension should not affect the currently scheduled

2 hearing. Major Deel. ~ 4.

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STIPULATION
Pursuant to Local Rule 6-2, the parties hereby stipulate to a request for an order granting

5 Plaintiffs a four-day extension, until January 19, 2016, within which to file their reply. The

6 hearing on the motion would remain as previously scheduled, on March 3, 2016, at 1:30 p.m.

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DATED: January 13, 2016

MUNGER, TOLLES & OLSON LLP
BRADLEY S. PHILLIPS
JOSHUA S. MELTZER
JOHN B. MAJOR

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PUBLIC COUNSEL
MARK ROSENBAUM
GARY BLASI
ANNE RICHARDSON
ALISA HARTZ

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By:
ANNE RICHARDSON
Attorneys for Plaintiffs

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5:15-cv-05415-LHK

STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY TO DEFENDANT'S OPPOSITION TO
MOTION FOR A PRELIMINARY INJUNCTION

Case 5:15-cv-05415-LHK Document 20 Filed 01/13/16 Page 4 of 5

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LAW O FFlCES OF ANTHONY D. PRINCF.

ANTHONY D. PRINCE

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By:

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ANTHONY D. PRINCE
CHRISTOPHER A. CALLIHAN
CITY ATTORNEY

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Attorney for Defendant
CITY OF SALINAS

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5: 15-cv-054 15-LHK

STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY TO DEFENDANT'S OPPOSITION TO
MOTION FOR A PRELlMTNARY TNJUNCTJON

Case 5:15-cv-05415-LHK Document 20 Filed 01/13/16 Page 5 of 5

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[PROPOSED] ORDER

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Pursuant to the foregoing stipulation to extend time for Plaintiffs to file their reply to

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Defendant’s opposition, Plaintiffs’ reply is now due on January 19, 2016.

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IT IS SO ORDERED.

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8 Dated: January 14, 2016
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Judge Lucy H. Koh
United States District Judge

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5:15-cv-05415-LHK

STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY TO DEFENDANT’S OPPOSITION TO
MOTION FOR A PRELIMINARY INJUNCTION