Opinion
Case No. C 11-2772 EDL
11-23-2011
DAVID WASSERMAN, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MELINDA HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney Attorneys for Defendant United States of America Michael Cohen (CSBN 98066) Attorney at Law Attorney for Plaintiff David Wasserman
MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
MICHAEL T. PYLE (CSBN 172954)
Assistant United States Attorney
Attorneys for Defendant United States of America
Michael Cohen (CSBN 98066)
Attorney at Law
Attorney for Plaintiff David Wasserman
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
AS MODIFIED
The parties, having both previously consented to allow the Court to conduct all further proceedings in this matter, have reached the following stipulation, all of which is subject to the Court's approval.
Counsel for defendant has advised counsel for planitiff of defendant's intention to file a motion to dismiss the complaint. This motion will be filed on or before November 30, 2011, a few days prior to the deadline to respond to the complaint because of leave long scheduled for defendant's counsel. The parties have discussed a briefing schedule to accomodate their respective schedules and which they believe is most efficient for their respective clients.
Defendant will notice his motion for hearing on February 7, 2012 at 9:00 a.m. The parties have agreed that Plaintiff will have until January 6, 2012 to file any opposition papers and Defendant will have until January 20, 2012 to file any reply papers. The parties have further stipulated to request that the Court continue the Initial Case Management Conference from December 20, 2011 to February 7, 2012 at 10:00 a.m., the same day as the motion hearing date.
Respectfully submitted,
MELINDA HAAG
United States Attorney
MICHAEL T. PYLE
Assistant United States Attorney
Counsel for Defendant United States of America
MICHAEL COHEN
Attorney at Law
Counsel for Plaintiff David Wasserman
PURSUANT TO STIPULATION, IT IS SO ORDERED:
Defendant's motion to dismiss is to be filed on or before November 30, 2011. Planitiff's opposition to the motion is due on or before January 6, 2012. Defendant's reply in support of the motion is due on or before January 20, 2012. Defendant shall notice the motion for hearing on February 7, 2012 at 9:00 a.m. The Court reserves the right to continue the hearing or decide the motion without a hearing should the Court decide that it is appropriate to do so. The initial Case Management
Conference is continued from December 20, 2011 to February 7, 2012 at 9:00 a.m. The parties shall file a joint Case Management Conference Statement on or before January 31, 2012.
HON. ELIZABETH D. LAPORTE
United States Magistrate Court Judge