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Bentkowsky v. Benchmark Recovery, Inc., 3:13-CV-01252-VC-JCS. (2014)

Court: District Court, N.D. California Number: infdco20140827838 Visitors: 22
Filed: Aug. 26, 2014
Latest Update: Aug. 26, 2014
Summary: STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER [N.D. Cal. Civ. L.R. 6-2] VINCE CHHABRIA, District Judge. THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: 1. On March 20, 2013, Plaintiff filed his Complaint (Doc. 1) in this case alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., and the Rosenthal Fair Debt Collection Practices Act, Cal. Civil Code 1788 et seq. On July 28, 2014, Plaintiff filed his First Amended Complaint (Doc
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STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

[N.D. Cal. Civ. L.R. 6-2]

VINCE CHHABRIA, District Judge.

THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

1. On March 20, 2013, Plaintiff filed his Complaint (Doc. 1) in this case alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Rosenthal Fair Debt Collection Practices Act, Cal. Civil Code § 1788 et seq. On July 28, 2014, Plaintiff filed his First Amended Complaint (Doc. 71), pursuant to the Court's Order entered on July 28, 2014 (Doc. 70).

2. On July 24, 2014, both Plaintiff and Defendants each filed motions for summary judgment (Docs. 68 and 69). Four days later, on July 28, 2014, the Court entered an Order (Doc. 70) denying both parties' summary judgment motions, without prejudice, for failure to follow the procedures set forth in the Court's Standing Order. Specifically, the Court's Standing Order prohibits simultaneous cross-motions for summary judgment, which results in three pairs of briefs.

3. The Court's Order (Doc. 70) set a new hearing date for the parties' summary judgment motions of October 16, 2014.

4. The parties thus respectfully request that the Court enter an Order setting the briefing schedule for the parties' motions for summary judgment as follows:

a. Plaintiff's opening brief shall be filed on or before August 28, 2014. b. Defendants' opening brief/opposition shall be filed on or before September 11, 2014. c. Plaintiff's opposition/reply brief shall be filed on or before September 25, 2014. d. Defendants' reply brief shall be filed on or before October 2, 2014.

5. Subsequent to the Court's July 28, 2014, Order, no briefing schedule has previously been set for the parties' motions for summary judgment.

6. The proposed briefing schedule will have no effect on the October 16, 2014, hearing date set by the Court.

IT IS SO STIPULATED.

THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

Source:  Leagle

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