STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE REPLY BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND TO RESCHEDULE HEARING DATE

LAWRENCE J. O'NEILL, Chief District Judge.

STIPULATION

Defendants City of Modesto, James "Derrick" Tyler ("Tyler"), and Terry Seese (collectively, the "Modesto Defendants") and Plaintiff Adorthus Cherry ("Plaintiff") (collectively with the Modesto Defendants, the "Stipulating Parties") stipulate as follows:

1. The Modesto Defendants filed their Motion to Dismiss on December 21, 2018. (Dkt. 8.)

2. Plaintiff filed his Opposition to the Modesto Defendants' Motion to Dismiss on Monday January 21, 2019. (Dkt. 11.)

3. Pursuant to the Local Rules and Federal Rule of Civil Procedure, Rule 6, Plaintiff's Opposition Brief was due to be filed on Friday January 18, 2018 as Monday January 21, 2019 was a legal holiday pursuant to Rule 6(a)(6).

4. Federal Rule of Civil Procedure, Rule 6, provides that if the last day for filing a brief falls on a holiday, the deadline moves to the "next day," and when counting back from an event (in this case the hearing on the Modesto Defendants' Motion to Dismiss), the deadline moves backward to get to get to the "next day." Rule 6(a)(5). Due to the nuances of these calculations, Plaintiff's Opposition Brief was unintentionally filed three days after the deadline.

5. Although the Modesto Defendants appreciate that Plaintiff missed the deadline due to a nuanced provision under Rule 6 — and have appreciated Plaintiff's counsel's professional courtesy in this case — the Modesto Defendants were counting on the opposition brief being filed on Friday and planned to use that time in preparing their reply brief.

6. Accordingly, the Stipulating Parties agree that Defendants should have three (3) additional days to file their Reply Brief in Support of the Modesto Defendant's Motion to Dismiss. The Reply Brief is currently due to be filed Monday January 28, 2019 and by this stipulation the parties agree the deadline for filing the Reply Brief should be extended to Thursday January 31, 2019.

7. To ensure compliance with the Local Rules, and to provide the Court will adequate time to review all papers prior to the hearing on this matter, the Stipulating Parties also stipulate and request that the Court continue the hearing in this matter from Monday February 4, 2019 to Monday February 11, 2019 or as soon thereafter as this Court is able to accommodate the hearing.

IT IS SO STIPULATED.

Attestation of Concurrence in the Filing

The filer, David Mehretu, attests that all other signatories listed on whose behalf this filing is submitted concur in the filing's content and have authorized the filing.

ORDER

IT IS HEREBY ORDERED that, pursuant to the stipulation of the Stipulating Parties, which is recited above, and good cause in support thereof:

1. The deadline for Defendants City of Modesto, James "Derrick" Tyler and Terry Seese to file their Reply Brief shall be extended to January 31, 2019; and the

2. The hearing on Defendants' Motion to Dismiss shall be rescheduled from February 4, 2019 to February 11, 2019 or as soon thereafter as this Court's schedule permits

IT IS SO ORDERED.