Opinion
WILLIAM MCGRANE [57761], MCGRANE LLP, San Francisco, CA, Attorneys for Plaintiff Howrey Claims, LLC, on behalf of itself and all others similarly situated.
Ben King, Attorneys for Trustee Alan Diamond.
STIPULATION AND PROPOSED ORDER RE-SETTING THE BRIEFING SCHEDULE
SAUNDRA ARMSTRONG, District Judge.
Pursuant to the Court's Order Granting Motion to Approve Stipulation to Consolidate Proceedings and Set Briefing Schedule (Dkt. No. 20) (March 26, 2013), in Case No. 13-cv-00449 (449), Appellee's Opposition Brief is due on June 5, 2013, and Appellant's Reply Brief is due on July 5, 2013. Since setting of those dates, Howrey Claims, LLC initiated Case No. 13-cv-01889 (1889), which deals with essentially the same issues as 449. Howrey Claims, LLC has already filed its Appellant's Opening Brief in 1889. Howrey Claims, LLC, with the agreement of Trustee Alan Diamond's attorney, applied to the Court for an order consolidating 449 with 1889, so that the parties could avoid filing superfluous briefs in both cases. As of this date the request to consolidate remains under submission.
Accordingly, the parties therefore stipulate that:
The due date for the Appellee's Opening Brief in 449 shall be extended to June 17, 2013 giving the Court time to consider the request for consolidation and, if granted, giving Appellee the time to incorporate both appeals into its Opposition Brief.
Appellant's Reply Brief will remain due on July 5, 2013.
SO STIPULATED:
IT IS SO ORDERED: