Opinion
Case No. 5:11 -cv-02449-EJD
10-11-2011
DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu, Plaintiffs, v. CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, Fredy CHEUNG, and DOES 1-100, Defendants.
SCHWARCZ, RIMBERG, BOYD & RADER, LLP K. Lee Boyd, Esq. HUMAN RIGHTS LAW FOUNDATION Terri E. Marsh, Esq. (pro hac vice) LAW OFFICES OF JUDITH BROWN CHOMSKY Judith B. Chomsky, Esq. (pro hac vice) Attorneys for Plaintiffs QUINN EMANUEL URQUHART & SULLIVAN, LLP Kathleen Sullivan, Esq. 2 Isaac Nesser, Es q. Attorneys for Defendants
KATHRYN LEE CRAWFORD-BOYD, ESQ. (SBN 189496)
RAJIKA L. SHAH, ESQ. (SBN 232994)
SCHWARCZ, RIMBERG, BOYD & RADER, LLP
TERRI MARSH, ESQ. (pro hac vice)
BRIAN PIERCE, ESQ. (pro hac vice)
HUMAN RIGHTS LAW FOUNDATION
JUDITH BROWN CHOMSKY (pro hac vice)
LAW OFFICES OF JUDITH BROWN CHOMSKY
Attorneys for PLAINTIFFS
Assigned to the Honorable Edward J. Davila
STIPULATION AND [PROPOSED]
ORDER RE: BRIEFING SCHEDULE FOR
MOTION TO DISMISS
Action Filed: May 19, 2011
FAC Filed: September 2, 2011
Hearing: February 17, 2012
STIPULATION
IT IS HEREBY STIPULATED AND AGREED between DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu ("Plaintiffs") and Defendants CISCO SYSTEMS, INC. ("Cisco"), John CHAMBERS ("Chambers"), Thomas LAM ("Lam"), Owen CHAN ("Chan"), and Fredy CHEUNG ("Cheung") ("Defendants") (collectively, the "Parties"), as follows:
WHEREAS, pursuant to Fed. R. Civ. P. 15(a)(1)(B) and by stipulation, Plaintiffs filed a Corrected First Amended Complaint ("FAC") on September 2, 2011 (Docket Entry ("DE") 62-1);
WHEREAS, on September 23, 2011, Defendants filed a Motion to Dismiss the FAC ("Motion to Dismiss") (DE 67);
WHEREAS, pursuant to discussions between counsel, the Parties agreed to extend the briefing schedule on the Motion to Dismiss;
WHEREAS, in mid-August 2011, Terri Marsh, lead trial counsel for Plaintiffs, was involved in a head-on automobile collision and suffered injuries including whiplash, facial contusions, and minor cuts and bruises, took a one-month leave of absence from work, and has been ordered by her doctor to work only part-time through the remainder of the year for medical reasons, and Plaintiffs accordingly requested that their Opposition be due on November 18, 2011;
WHEREAS, counsel for Defendants have scheduling conflicts between mid-November and mid-December 2011, and Defendants accordingly requested that their Reply be due on January 16, 2012;
WHEREAS, the Motion to Dismiss will be fully briefed by mid-January 2012;
NOW THEREFOR IT IS HEREBY STIPULATED, by and between the Parties, through their respective counsel, subject to and in accordance with the recitations set forth above, that:
1. Plaintiffs' Opposition to the Motion to Dismiss and any and all supporting documents are due no later than November 18, 2011;
2. Defendants' Reply and any and all supporting documents are due no later than January 16, 2012;
3. The Motion to Dismiss is scheduled to be heard at 9:00am on February 17, 2010, in Courtroom 1, 5th Floor, of the above-referenced Court.
Pursuant to the Hon. Edward J. Davila's Scheduling Notes, on October 6, 2011, counsel for Plaintiffs tentatively reserved a hearing date of February 17, 2011, for the Motion to Dismiss.
SCHWARCZ, RIMBERG, BOYD &
RADER, LLP
K. Lee Boyd, Esq.
HUMAN RIGHTS LAW FOUNDATION
Terri E. Marsh, Esq. (pro hac vice)
LAW OFFICES OF JUDITH BROWN CHOMSKY
Judith B. Chomsky, Esq. (pro hac vice)
Attorneys for Plaintiffs
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
I have given my consent for Plaintiffs to electronically sign this Stipulation on my behalf.
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Isaac Nesser, Esq.
Attorneys for Defendants
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Hon. Edward J. Davila
United States District Judge