Filed: Nov. 28, 2012
Latest Update: Nov. 28, 2012
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE ON FRANKLIN'S MOTIONS UNDER RULE 12(c) AND RULE 56 EDWARD M. CHEN, District Judge. Plaintiff John Sender ("Sender") and defendant Franklin Resources, Inc. ("Franklin") (together the "Parties"), by and through their respective counsel of record, hereby request that the Court enter an Order extending the briefing schedule associated with Franklin's Motion for Summary Judgment on Statute of Limitations Grounds (Dkt. # 77) and Fran
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE ON FRANKLIN'S MOTIONS UNDER RULE 12(c) AND RULE 56 EDWARD M. CHEN, District Judge. Plaintiff John Sender ("Sender") and defendant Franklin Resources, Inc. ("Franklin") (together the "Parties"), by and through their respective counsel of record, hereby request that the Court enter an Order extending the briefing schedule associated with Franklin's Motion for Summary Judgment on Statute of Limitations Grounds (Dkt. # 77) and Frank..
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STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE ON FRANKLIN'S MOTIONS UNDER RULE 12(c) AND RULE 56
EDWARD M. CHEN, District Judge.
Plaintiff John Sender ("Sender") and defendant Franklin Resources, Inc. ("Franklin") (together the "Parties"), by and through their respective counsel of record, hereby request that the Court enter an Order extending the briefing schedule associated with Franklin's Motion for Summary Judgment on Statute of Limitations Grounds (Dkt. # 77) and Franklin's Motion for Judgment on the Pleadings (Dkt. # 74) (together the "Motions"), both of which were filed by Franklin on November 15, 2012 and are set for hearing on January 17, 2013.
WHEREAS, under the current briefing schedule, Sender's oppositions to the Motions are due November 29, 2012 and Franklin's reply briefs are due December 6, 2012;
WHEREAS, Sender has filed a Motion to Extend Time;
WHEREAS, Franklin disagrees with the basis for Sender's Motion to Extend Time;
WHEREAS, in order to conserve judicial resources, the Parties have agreed to extend the deadline for Sender to file his opposition briefs and Franklin to file its reply briefs.
THEREFORE, the Parties hereby stipulate and agree, and request that the Court enter an Order, extending the briefing schedule as follows:
1. Sender shall file oppositions to the Motions no later than December 11, 2012.
2. Franklin shall file reply briefs in support of the Motions no later than December 21, 2012.
PRIOR EXTENSIONS OF TIME
Prior extensions of time granted in this litigation include the following:
• An Order revising the briefing schedule on Franklin's Motion to Dismiss and Sender's Motion to Remand. (Dkt. No. 15)
• An Order extending the time for Sender to file an amended complaint. (Dkt. No. 29)
• An Order continuing a case management conference. (Dkt. No. 31).
• An Order extending the time for Sender to file a reply brief following a technical failure of the Court's ECF system, which prevented the timely filing of Franklin's opposition brief. (Dkt. No. 58).
IT IS SO STIPULATED.
I attest that my firm has obtained Mr. Cera's concurrence in the filing of this document.
ORDER
Pursuant to the Parties' Stipulation, it is ordered that:
1. Sender shall file oppositions to the Motions (Dkt. # 74 and Dkt. # 77) no later than December 11, 2012.
2. Franklin shall file reply briefs in support of the Motions no later than December 21, 2012. The hearing is rescheduled from January 17, 2013 to January 24, 2013 at 1:30 p.m.
IT IS SO ORDERED.
