UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 26, 2009
PRAG TIERNO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY-SITUATED, PLAINTIFFS,
RITE AID CORPORATION, AND DOES 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 JUDGMENT/SUMMARY ADJUDICATION OF ISSUES [Civ. L. R. 6-1, 6-2]
Plaintiff Prag Tierno and defendant Rite Aid Corporation ("Rite Aid"), 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) (the "Partial Summary Judgment Motion"), and noticed it for hearing on February 23, 2009, at 10:00 a.m.
2. After the parties engaged in preliminary discussions about certain evidentiary issues raised by the Partial Summary Judgment Motion, and due to the absence from the office of plaintiff's lead counsel while on vacation, the parties stipulated to a one-week postponement of the briefing and hearing schedule on the motion, without prejudice to Rite Aid's seeking further relief if it could not resolve the evidentiary issues with plaintiff. The Court granted the parties' stipulation, making the current hearing date for the motion March 2, 2009. (See Docket No. 205.)
3. The parties have had further discussions about the evidentiary issues raised by the Partial Summary Judgment Motion and now have reached the following agreement, which they ask the Court to adopt by order approving this stipulation:
a. Rite Aid will not move to strike the 240 class member declarations and the Haber declaration filed in support of the Partial Summary Judgment Motion on the grounds that the names of the class members who gave the declarations and the declarations were not disclosed or produced to Rite Aid prior to the filing of the motion on January 12, 2009. However, Rite Aid reserves all other evidentiary objections, if any, it can raise to the class member declarations and Haber declaration.
b. In order to facilitate discovery that the parties anticipate they will want to take in connection with the Partial Summary Judgment Motion, the hearing on the motion will be continued to Monday, July 20, 2009, at 10:00 a.m. (or such later date that is available for the Court), with Rite Aid's opposition to the motion due on Friday, May 22, 2009, and plaintiff's reply due on Tuesday, June 30, 2009.
c. Rite Aid will not seek leave to file a sur-reply in response to plaintiff's reply, but reserves the right to raise at the hearing on the motion any objections or arguments to any matters included in plaintiff's reply.
d. In light of this new scheduling for the Partial Summary Judgment Motion, the parties do not believe that a case management conference on March 16, 2009, as currently is scheduled, is necessary, and propose that it be vacated and reset after the hearing on the motion on July 20, 2009.
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 Monday, July 20, 2009, at 10:00 a.m. The opposition to the motion will be due on Friday, May 22, 2009, and the reply in support of the motion will be due on Tuesday, June 30, 2009.
IT IS FURTHER ORDERED that the case management conference currently scheduled for Monday, March 16, 2009, is vacated and will be reset following the hearing on the motion.
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