Opinion
Case No. 10-cv-5103 MEJ
10-05-2011
COMERLIS DELANEY, Plaintiff, v. SIMPLEXGRINNELL LP, Defendant.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. THOMAS M. McINERNEY MICHELLE M. LEETHAM Attorneys for Defendant SIMPLEXGRINNELL LP LAW OFFICE OF ARKADY ITKIN ARKADY ITKIN Attorney for Plaintiff COMERLIS DELANEY
THOMAS M. MCINERNEY (State Bar No. 162055)
MICHELLE M. LEETHAM (State Bar No. 124578)
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Attorneys for Defendant SIMPLEXGRINNELL LP
ARKADY ITKIN (State Bar No. 253194)
LAW OFFICE OF ARKADY ITKIN
Attorneys for Plaintiff COMERLIS DELANEY
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO FILE DEFENDANT
SIMPLEXGRINNELL LP'S DISPOSITIVE
MOTION FOR SUMMARY JUDGMENT,
OR ALTERNATIVELY, PARTIAL
SUMMARY JUDGMENT TO OCTOBER 7,
2011
Complaint Filed: October 12, 2010
Trial Date: March 12, 2012
Judge: Hon. Maria-Elena James
Plaintiff COMERLIS DELANEY ("Plaintiff" or "Delaney") and Defendant SIMPLEXGRINNELL LP ("Defendant" or "SimplexGrinnell") (collectively, the "Parties"), by and through their respective counsel of record, hereby submit this stipulation pursuant to Civil Local Rule 6-2(a), as follows:
WHEREAS, Plaintiff Delaney and Defendant SimplexGrinnell are preparing their Joint Statement of Undisputed Facts for filing with the Court pursuant to Civil Local Rule 56-2(b), in conjunction with Defendant's Motion for Summary Judgment, or Alternatively, Partial Summary Judgment, which is currently due to be filed, served, and noticed by October 6, 2011;
WHEREAS, Plaintiff's counsel and Defendant's counsel have agreed that in order to complete their Joint Statement of Undisputed Facts, Defendant SimplexGrinnell will have to and including October 7, 2011, to serve, file and notice Defendant SimplexGrinnell's Motion for Summary Judgment, or Alternatively, Partial Summary Judgment against Plaintiff Delaney;
WHEREAS, one previous time modification was requested in this case, extending the discovery cutoff from September 6, 2011, to September 14, 2011, which the Court granted on August 10, 2011;
WHEREAS, the Parties' request to extend the dispositive motion cutoff for Defendant SimplexGrinnell's filing of its Motion for Summary Judgment or, Alternatively, Partial Summary Judgment by one day from October 6, 2011, to October 7, 2011.
WHEREAS, this extension will not affect any other dates set by the Court, including the dates set for Plaintiff's opposition brief, Defendant's reply brief or the hearing date set for the Court to hear said motion;
THEREFORE, the parties request that this Court extend the dispositive motion cutoff to October 7, 2011, for the purpose of the parties completing their Joint Statement of Undisputed Facts.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
THOMAS M. McINERNEY
MICHELLE M. LEETHAM
Attorneys for Defendant
SIMPLEXGRINNELL LP
LAW OFFICE OF ARKADY ITKIN
ARKADY ITKIN
Attorney for Plaintiff COMERLIS DELANEY
[PROPOSED] ORDER
Based on the foregoing Stipulation of the Parties, and good cause appearing therefor,
IT IS HEREBY ORDERED that:
In order to allow the Parties to complete its Joint Statement of Undisputed Facts in this action, the dispositive motion cutoff presently set for October 6, 2011, is continued to October 7, 2011.
Maria-Elena James
U.S. District Court Chief Magistrate Judge