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Sincerny v. City of Walnut Creek, C17-02616 HSG. (2017)

Court: District Court, N.D. California Number: infdco20170831a70 Visitors: 8
Filed: Aug. 30, 2017
Latest Update: Aug. 30, 2017
Summary: STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE RE OCTOBER 12 HEARING ON DEFENDANTS' RULE 12 MOTION TO DISMISS HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS Defendants on August 25 filed and served a Rule 12(b)(6) Motion to Dismiss; and WHEREAS on August 28, the said Motion to Dismiss was re-noticed for hearing to take place on October 12, 2017; and WHEREAS under local court rules plaintiff's Opposition would normally be due on or before Friday September 8; and WHEREAS plaintiff's
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STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE RE OCTOBER 12 HEARING ON DEFENDANTS' RULE 12 MOTION TO DISMISS

WHEREAS Defendants on August 25 filed and served a Rule 12(b)(6) Motion to Dismiss; and

WHEREAS on August 28, the said Motion to Dismiss was re-noticed for hearing to take place on October 12, 2017; and

WHEREAS under local court rules plaintiff's Opposition would normally be due on or before Friday September 8; and

WHEREAS plaintiff's counsel is a solo practitioner and must travel to Los Angeles for a hearing this week, and has depositions two out of the four business days next week following the Labor Day Holiday, which prior business commitments substantially impair his ability to research and draft a thorough Opposition by September 8;

NOW THEREFORE the parties, by and through their respective attorneys, have agreed that good cause exists in the interest of the furtherance of justice that the briefing schedule on said Motion to Dismiss be modified, and propose therefore to the Court that plaintiff's Opposition be filed and served no later than Friday September 15, and the defendants' Reply briefing on or before September 22, well before the re-noticed October 12 hearing date.

We hereby attest that concurrence in the filing of these documents has been obtained from each of the other Signatories, which shall serve in lieu of their signatures on the document.

ORDER

PURSUANT TO THE PARTIES' STIPULATION, AND CAUSE EXSITING THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

Plaintiff's Opposition briefing with regard to defendants' pending Rule 12(b)(6) Motion to Dismiss shall be filed and served no later than September 15, 2017, and defendants' Reply briefing shall be filed and served no later than September 22, 2017.

IT IS SO ORDERED.

Source:  Leagle

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