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Tierno v. Rite Aid Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 16, 2009

PRAG TIERNO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY-SITUATED, PLAINTIFFS,
v.
RITE AID CORPORATION, AND DOES OF ISSUES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson United States District Judge

STIPULATION AND PROPOSED ORDER TO CHANGE BRIEFING HEARING AND BRIEFING DATES FOR PLAINTIFF'S MOTION FOR PARTIAL SUMMARY 23 JUDGMENT/SUMMARY ADJUDICATION

[Civ. L. R. 6-1, 6-2]

STIPULATION

Plaintiff Prag Tierno and defendant Rite Aid Corporation, through their respective counsel, stipulate as follows:

1. On January 12, 2009, plaintiff filed his Motion for Partial Summary Judgment/Summary Adjudication of Issues (Docket No. 195), and noticed it for hearing on February 23, 2009, at 10:00 a.m.

2. The parties are engaged in discussions about certain evidentiary issues raised by the motion which, if not resolved by the parties, may lead to a request by defendant for relief from this Court.

3. Due to a previously-planned absence from the office, lead counsel for plaintiff will not be available to pursue and conclude those discussions until on or after January 20, 2009.

4. In order to facilitate those discussions and avoid the difficulty that could result absent an adjustment of the briefing and hearing schedule on plaintiff's motion while those discussions are pending, the parties agree and hereby request that the Court continue the hearing on plaintiff's motion to March 2, 2009; and make the opposition and reply briefing on the motion due in accordance with Local Rule 7-3 based on the new hearing date.

5. This stipulation is entered into without prejudice to any position that may be asserted by either party concerning evidentiary issues raised by plaintiff's motion and the final scheduling of the briefing and hearing on plaintiff's motion, as may be decided on a future application submitted to the Court.

Dated: January 15, 2009

ORDER

On the stipulation of the parties, and good cause appearing therefor,

IT IS ORDERED that the hearing on plaintiff Prag Tierno's Motion for Partial Summary Judgment/Summary Adjudication of Issues (Docket No. 195) is continued to March 2, 2009.

The opposition and reply briefing on the motion will be due in accordance with the Court's Local Rule 7-3 based on the new hearing date.

20090116

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