Opinion
Case No.: 11-cv-02248 WHA (BZ)
11-07-2011
HENRY A. KLYCE and CAROLE M. KLYCE, Plaintiffs, v. JOHN WHEELER, et al., Defendants.
TRIAL & TECHNOLOGY LAW GROUP A PROFESSIONAL CORPORATION ROBERT A. SPANNER SBN 60308 Attorney for Plaintiff CHRIS K. RIDDER (SBN 218691) BENJAMIN A. COSTA (SBN 245953) RIDDER, COSTA & JOHNSTONE LLP Attorneys for Defendant ELLEN KLYCE ANDREW B. KREEFT (SBN 126673) BOHNEN, ROSENTHAL & KREEFT Attorneys for Defendants KATHERINE KLYCE and ESTATE OF JOHN WHEELER
TRIAL & TECHNOLOGY LAW GROUP
A PROFESSIONAL CORPORATION
ROBERT A. SPANNER SBN 60308
Attorney for Plaintiff
JOINT STIPULATION AND ORDER REGARDING BRIEFING AND ARGUMENT FOR DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT
WHEREAS on November 1, 2011 Defendants filed a Motion to Dismiss the instant action (Docket No. 47) which is presently scheduled for hearing on December 15, 2011;
WHEREAS there has been only one extension of time in this case, for about one week -of the Case Management Conference;
WHEREAS pursuant to the Local Rules of this Court, Plaintiffs' opposition to Defendants' Motion to Dismiss is presently due on November 14, 2011 and Defendants' reply is due on November 21, 2011;
WHEREAS Plaintiffs' counsel must prepare and file a motion to quash a subpoena in a Digital Millennium Copyright Act case pending in this District in another matter on the same date Plaintiffs' opposition is due in this case;
WHEREAS a settlement conference is scheduled in this case on November 17, 2011 before Magistrate Judge Bernard Zimmerman, and each party must file two settlement conference memoranda on November 10, 2011, and Plaintiff's counsel has been unable to prepare these memoranda ahead of time because they have been awaiting a forensic inspection of the Defendants' computers;
WHEREAS Plaintiff's counsel is preparing a memorandum rebutting the proposition that one of the Defendants is entitled to assert the privilege against self-incrimination on account of the act-of-production doctrine for filing by November 7, 2011; and
WHEREAS the parties also must prepare their respective clients for the upcoming settlement conference;
WHEREAS, having agreed to extend the briefing schedule on the Motion, the parties also wish to continue the hearing on the Motion to give the Court adequate time to consider the Motion and to avoid a hearing during the final week of December.
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT:
The schedule to brief and argue Defendants' Joint Motion To Dismiss Plaintiffs' First Amended Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) (Docket No. 47 (the "Motion")) shall be amended, as follows:
1. Plaintiffs' opposition to Defendants' Motion shall be due on November 21, 2011;
2. Defendants' reply to Plaintiffs' opposition shall be due on December 5, 2011; and
3. The date for hearing on Defendants' Motion shall be continued from December 15, 2011 to January 5, 2012, or such later date as the Court shall prescribe.
ROBERT A. SPANNER (SBN 60308)
Attorneys for Plaintiffs
HENRY A. KLYCE and CAROLE M. KLYCE
CHRIS K. RIDDER (SBN 218691)
BENJAMIN A. COSTA (SBN 245953)
RIDDER, COSTA & JOHNSTONE LLP
Attorneys for Defendant ELLEN KLYCE
ANDREW B. KREEFT (SBN 126673)
BOHNEN, ROSENTHAL & KREEFT
Attorneys for Defendants KATHERINE
KLYCE and ESTATE OF JOHN WHEELER
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
William Alsup
UNITED STATES DISTRICT JUDGE