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LYON v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, 3:13-cv-05878-EMC. (2014)

Court: District Court, N.D. California Number: infdco20140128747 Visitors: 9
Filed: Jan. 27, 2014
Latest Update: Jan. 27, 2014
Summary: JOINT STIPULATION REGARDING SCHEDULE FOR BRIEFING ON MOTION TO CERTIFY CLASS (ECF No. 14) AND HEARING ON. MOTION UNDER CIVIL L.R. 6-2; [PROPOSED] ORDER EDWARD M. CHEN, District Judge. The Parties in the above-titled action hereby file this Joint Stipulation for an Order under Civil L.R. 6-2 to set the briefing schedule on Plaintiffs' Motion for Class Certification (ECF No. 14) ("Motion"). The Parties stipulate to the following: Defendants will be allowed until Friday, February 21, 2014,
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JOINT STIPULATION REGARDING SCHEDULE FOR BRIEFING ON MOTION TO CERTIFY CLASS (ECF No. 14) AND HEARING ON. MOTION UNDER CIVIL L.R. 6-2; [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

The Parties in the above-titled action hereby file this Joint Stipulation for an Order under Civil L.R. 6-2 to set the briefing schedule on Plaintiffs' Motion for Class Certification (ECF No. 14) ("Motion"). The Parties stipulate to the following: Defendants will be allowed until Friday, February 21, 2014, to respond to the Motion; Plaintiffs will be allowed until Friday, March 7, 2014, to reply in support of the Motion; and any hearing on the Motion will be reset for April 3, 2014. In support of this Joint Stipulation, the parties state the following:

(1) Plaintiffs Audley Barrington Lyon, Jr., Edgar Cornelio, José Elizandro Astorga-Cervantes, and Lourdes Hernandez-Trujillo (collectively, "Plaintiffs") filed a Complaint for Injunctive and Declaratory Relief ("Complaint") on behalf of themselves and all others similarly situated on December 19, 2013. See ECF No. 1.

(2) Plaintiffs served the Complaint on the U.S. Attorney for the Northern District of California on December 23, 2013, rendering Defendants' response to the Complaint due by February 21, 2013. See ECF No. 6; Fed. R. Civ. P. 12(a)(2).

(3) Plaintiffs filed a Notice of Motion and Motion for Class Certification and Appointment of Class Counsel; Memorandum of Points and Authorities in Support Thereof ("Motion") on January 13, 2014. See ECF No. 14.

(4) This Court is scheduled to hold a hearing on February 27, 2014, on the Motion. Defendants' response to the Motion is due by January 27, 2014. See Civil L.R. 7-3 ("The opposition must be filed and served not more than 14 days after the motion was filed.").

(5) Absent this stipulated enlargement of time, Defendants' response to Plaintiffs' Motion must be filed with the Court approximately four weeks — twenty-five (25) days — prior to the date by which Defendants must respond to Plaintiffs' Complaint. See supra. ¶ 2.

(6) "A Court order is required for any enlargement or shortening of time that alters an event or deadline already fixed by Court order or that involves papers required to be filed or lodged with the Court (other than an initial response to the complaint)." Civil L.R. 6-1(b).

(7) Counsel for Plaintiffs and counsel for Defendants have met and conferred concerning due dates for responsive pleadings and for motions and briefs that are contemplated.

(8) Counsel for Plaintiffs and counsel for Defendants have agreed to extend the deadline for Defendants' opposition to Plaintiffs' Motion and Plaintiffs' reply brief in support of their Motion.

(9) This is the first enlargement of time that the Parties have sought in this action.

(10) This Stipulated Request to Enlarge Time is not intended for the purpose of undue delay or prejudice.

THEREFORE, the Parties hereby stipulate to and respectfully request that the Court order the following schedule:

(a) Defendants must respond to Plaintiffs' Motion for Class Certification by February 21, 2014.

(b) Plaintiffs must file any reply brief in support of their Motion for Class Certification by March 7, 2014.

(c) The hearing on Plaintiffs' Motion for Class Certification, currently scheduled for Thursday, February 27, 2014, is reset for April 3, 2014, at 1:30pm.

IT IS SO STIPULATED.

IT IS SO ORDERED.

Source:  Leagle

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