Filed: Dec. 11, 2012
Latest Update: Dec. 11, 2012
Summary: STIPULATION AND [ PROPOSED ] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE DEPOSITION OF GREGORY HAFNER SAUNDRA BROWN ARMSTRONG, District Judge. WHEREAS, on June 8, 2012, plaintiff and defendants each filed a Motion for Judgment; WHEREAS, on July 2, 2012, plaintiff filed a Motion to Strike the Declaration of Gregory Hafner or in the alternative a Request to Reopen Discovery; Whereas on July 23, 2012, the Cour
Summary: STIPULATION AND [ PROPOSED ] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE DEPOSITION OF GREGORY HAFNER SAUNDRA BROWN ARMSTRONG, District Judge. WHEREAS, on June 8, 2012, plaintiff and defendants each filed a Motion for Judgment; WHEREAS, on July 2, 2012, plaintiff filed a Motion to Strike the Declaration of Gregory Hafner or in the alternative a Request to Reopen Discovery; Whereas on July 23, 2012, the Court..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE DEPOSITION OF GREGORY HAFNER
SAUNDRA BROWN ARMSTRONG, District Judge.
WHEREAS, on June 8, 2012, plaintiff and defendants each filed a Motion for Judgment;
WHEREAS, on July 2, 2012, plaintiff filed a Motion to Strike the Declaration of Gregory Hafner or in the alternative a Request to Reopen Discovery;
Whereas on July 23, 2012, the Court ordered that the hearing on the Motions for Judgment be continued to October 23, 2012;
WHEREAS on July 25, 2012 the court referred plaintiff's motion to the Chief Magistrate Judge for a report and recommendation;
WHEREAS on September 28, 2012 Magistrate Judge Nathanael Cousins denied plaintiff's Motion to Strike but recommended the reopening of discovery for the limited purpose of allowing plaintiff to depose Gregory Hafner;
WHEREAS on October 18, 2012 the court issued Order Accepting Report and Recommendation order on the Recommendation; and
WHEREAS plaintiff has taken the deposition of Gregory Hafner (on November 30, 2012) and the parties have agreed that it is necessary to submit additional briefing regarding this deposition;
NOW THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the Court's approval, the parties agree, and respectfully request that the Court continue the hearing date on both plaintiff's and defendants' Motions for Judgment currently scheduled for December 14, 2012, to allow additional briefing regarding the deposition of Gregory Hafner. The parties propose the following schedule:
Plaintiff's Supplemental Brief due: January 14, 2013
Defendants' Supplemental Brief due: January 28, 2013
Hearing on Motions for Summary Judgment: February 12, 2013 or such other date as the Court might order.
ORDER
IT IS HEREBY ORDERED THAT the Court, having considered the joint stipulation of counsel, and good cause appearing therefore, hereby grants the parties requests as follows:
Plaintiff's Supplemental Brief due: January ___, 2013;
Defendants' Supplemental Brief due: January ___, 2013;
Hearing on Motions for Summary Judgment: February ___, 2013.
Instead of filing supplemental briefs, the Court directs the parties to resubmit their motion papers and incorporate therein any additional arguments based on the discovery taken following the ruling of the Magistrate Judge. The parties shall file their revised opening briefs by no later than January 22, 2013, and their respective oppositions thereto by no later than February 12, 2013. The hearing on said motions will take place on March 12, 2013 at 1:00 p.m. Pursuant to Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78(b), the Court may resolve the motions without oral argument. The parties are advised the check the Court's website to determine whether an appearance on the motion is required. Docket entries nos. 24 and 26 shall be deemed withdrawn. This Order terminates Docket no. 61.
IT IS SO ORDERED.
