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Dozier v. Members of the Board of Governors

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 12, 2008

RYAN DOZIER, PLAINTIFF,
v.
MEMBERS OF THE BOARD OF GOVERNORS, YUBA COMMUNITY COLLEGE DISTRICT: SUSAN HOULE, ALAN FLORY, JIM BUCHAN, MARK BREDT, LEELA RAI, GEORGE NICOLAU, XAVIER TAFOYA, IN THEIR OFFICIAL CAPACITIES; NICKI HARRINGTON, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES, PAUL MENDOZA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, KEVIN TRUTNA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, AND BYRON GREEN, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES. DEFENDANTS.

STIPULATION AND ORDER CONTINUING DEADLINES FOR SUPPLEMENTAL BRIEFING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

The above-captioned action was filed on September 29, 2008, and Plaintiff filed a motion for preliminary injunction on October 2, 2008. Defendants filed an opposition on October 31, 2008, indicating that their policies would be changed by November 14, 2008. As a result, on November 10, 2008, this Court entered an order continuing the motion hearing to December 12, 2008, ordering Defendants to file a declaration attesting to the repeal and amendment of the policies at issue on November 19, 2008, and providing for further briefing if necessary. To facilitate settlement discussions, the parties stipulated to extend the deadlines and hearing date, and the Court entered an order on November 24, 2008, rescheduling the hearing to January 16, 2009 and extending the supplemental briefing deadlines.

The parties are still in the midst of attempting to settle the remaining disputes. To facilitate this process, as well as to avoid incurring additional attorneys' fees, the parties hereby stipulate to and request the following modifications to the Court's November 24, 2008 Order:

1. Plaintiff's Supplemental Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction be filed no later than December 19, 2008;

2. Defendants' Supplemental Opposition to Plaintiff's Motion for Preliminary Injunction be filed no later than December 26, 2008;

3. Plaintiff may file a Supplemental Reply on or before January 2, 2009;

4. The hearing on Plaintiff's Motion for Preliminary Injunction shall remain scheduled for January 16, 2009 at 10:00 a.m.;

5. That the Court's order prohibiting Defendants from enforcing any of the challenged policies against Plaintiff pending the hearing on Plaintiff's Motion for Preliminary Injunction remain in place pending the scheduled hearing.

SO STIPULATED this 11th day of December, 2008.

SO ORDERED this 12th day of December, 2008.


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