Opinion
ELIZABETH ESTES, State Bar No. 173680, AMY R. LEVINE, State Bar No. 160743, DAMARA MOORE, State Bar No. 215678, MILLER BROWN & DANNIS, San Francisco, CA, Attorneys for Defendant, FREMONT UNIFIED SCHOOL DISTRICT.
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANT'S MOTION TO DISMISS
SUSAN ILLSTON, District Judge.
The parties hereto by and through their counsel of record hereby stipulate and agree that the hearing date for defendant FREMONT UNIFIED SCHOOL DISTRICT's motion to dismiss, currently scheduled for 9:00 a.m., February 9, 2007, shall be continued to 9:00 a.m., February 23, 2007, or a time and date as soon thereafter as convenient to the Court.
The parties further stipulate and agree that the defendant's reply in support of its motion to dismiss shall be due February 9, 2007 in accordance with local and federal rules.
Good cause exists for continuing the hearing date for defendant's motion in that the parties had previously agreed to an extension of time for plaintiff's opposition, and had intended to provide an equivalent extension for defendant's reply, but through mutual mistake failed to do so.
IT IS SO ORDERED.