Opinion
GARY D. FRIEDMAN (Admitted Pro Hac Vice) DANIEL J. VENDITTI (Admitted Pro Hac Vice) WEIL, GOTSHAL & MANGES, LLP New York, NY CHRISTOPHER J. COX WEIL, GOTSHAL & MANGES, LLP Redwood Shores, CA Attorneys for Defendant TUESDAY MORNING, INC.
Shaun Setareh SETAREH LAW GROUP Attorneys for Plaintiff CYNTHIA MCMAHON
STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE OF PLAINTIFF'S MOTION TO AMEND PURSUANT TO LOCAL RULE 6-2
EDWARD M. CHEN, District Judge
Defendant Tuesday Morning, Inc. ("Defendant") and Plaintiff Cynthia McMahon ("Plaintiff") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on July 20, 2015, Plaintiff filed her Notice of Motion and Motion for Leave to File First Amended Complaint (ECF No. 34) ("Motion"), which Motion Plaintiff noticed to be heard on August 27, 2015;
WHEREAS, due to previously scheduled conflicts, including long planned vacation -of which counsel for Defendant advised Plaintiff's counsel in advance of the filing of Plaintiff's Motion-Defendant is not available for Plaintiff's Motion to be heard on August 27, 2015;
WHEREAS, due to these scheduling conflicts, Defendant has requested to continue the hearing date on Plaintiff's Motion to October 1, 2015 at 1:30 p.m.;
WHEREAS, Plaintiff has consented to Defendant's request to continue the hearing date on Plaintiff's Motion to October 1, 2015 at 1:30 p.m.;
WHEREAS, pursuant to Northern District Civil Local Rule 7-3, Defendant's opposition to Plaintiff's Motion is currently due on August 3, 2015 and Plaintiff's reply is due on August 10, 2015;
WHEREAS, Defendant has requested to extend its deadline to file its opposition to Plaintiff's Motion to August 28, 2015 and Plaintiff's reply deadline to September 11, 2015;
WHEREAS, Plaintiff has agreed to extend the deadline for Defendant to file its opposition to Plaintiff's Motion to August, 28, 2015 and Plaintiff's reply to September 11, 2015;
WHEREAS, in sum, the Parties have agreed to the following revised briefing and hearing schedule on Plaintiff's Motion:
• Due date for Defendant's Opposition: August 28, 2015
• Due date for Plaintiff's Reply: September 11, 2015
• Hearing on Plaintiff's Motion: October 1, 2015 at 1:30 p.m.
WHEREAS, the parties have not previously requested to modify the briefing schedule or hearing date on Plaintiff's Motion;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel and subject to the Court's approval, that (1) Defendant's deadline to file its opposition to Plaintiff's Motion shall be August 28, 2015; (2) Plaintiff's deadline to file her reply shall be September 11, 2015; and (3) the hearing date on Plaintiff's Motion be continued from August 27, 2015 at 1:30 p.m. to October 1, 2015 at 1:30 p.m.
IT IS SO STIPULATED.
Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this document has been obtained from each of the above signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED.