UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO
March 21, 2008
ORDER OF FRIARS MINOR, ERRONEOUSLY SUED AS "THE FRANCISCAN ORDER (O.F.M.), A/K/A CROATIAN FRANCISCANS AND CROATIAN CONFRATERNITY OF THE COLLEGE OF SAN GIROLAMO DEGLI ILLIRICI" OFFICE EMIL ALPERIN, ET AL, PLAINTIFFS,
(ORDER COMPLAINT OF FRANCISCANS MINOR - OFM), ET AL, DEFENDANTS.
The opinion of the court was delivered by: Hon. Maxine S. Chesney
STIPULATION AND ORDER RE: BRIEFING SCHEDULE REGARDING MOTION TO DISMISS PLAINTIFFS' FIFTH AMENDED THE FRANCISCAN ORDER
Pursuant to Civil Local Rules 6-2, and 7-12, defendant Order of Friar's Minor ("OFM") and Plaintiffs stipulate and agree to the following:
(1) OFM shall have 65 days from the date of the filing of Plaintiffs' Fifth Amended Complaint to file its pleading stage challenge thereto;
(2) Plaintiffs shall have 46 days from the date of OFM's filing of its Motion to Dismiss, to file their opposition brief;
(3) OFM's Reply Brief supporting its Motion to Dismiss shall be filed no later than two weeks before the hearing date unless otherwise specified by the Court;
(4) In the event Plaintiffs file a Motion for Discovery, the briefing schedule for OFM's Motion to Dismiss shall be suspended until the Motion for Discovery is decided and the discovery 3 period ordered, if any, concludes.
SO ORDERED, with the following exceptions: (1) OFM's Reply Brief shall be filed no later 18 than 21 days from the date of plaintiffs' filing of their opposition brief; (2) the hearing on the Motion to Dismiss shall be noticed for a date no less than 28 days from the filing of the Reply Brief; and (3) in the event plaintiffs file a Motion for Discovery, the briefing schedule for OFM's Motion to Dismiss shall remain unchanged, but without prejudice to the parties' moving, upon a showing of good cause, for a suspension or extension of said schedule.
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