UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
April 24, 2009
JULIE CHATTLER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
THE UNITED STATES OF AMERICA AND THE UNITED STATES DEPARTMENT OF STATE, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Court Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ACTION FILED: August 7, 2007
WHEREAS Defendants United States of America and the United States Department of State filed their motion for summary judgment on January 30, 2009, and Plaintiff Julia Chattler 3 filed her partial motion for summary judgment on January 30, 2009;
WHEREAS Plaintiff filed an Administrative Motion to Continue Hearing Date on Motions for Summary Judgment on March 5, 2009, seeking a continuance of the hearing on the motions for summary judgment and related motions to strike until such time as disputes related to the Defendants' privilege log -- produced after Plaintiff had filed her Opposition to Defendants' Motion for Summary Judgment -- could be resolved, based on Plaintiff's belief that the withheld documents appear relevant to the parties' positions on summary judgment;
WHEREAS this Court on March 11, 2009, granted in part Plaintiff's motion and continued the hearing until May 1, 2009, at 9:00 a.m.;
WHEREAS Plaintiff filed a Motion to Compel Production of Documents Designated as Privileged on March 11, 2009, which was heard on April 15, 2009, by Magistrate Judge Chen;
WHEREAS Magistrate Judge Chen entered an Order Requiring Further Meet and Confer electronic privilegel log, instructed the parties to meet and confer further, with guidance from the Court, and instructed the parties to file a joint letter of disputed issues by April 29, 2009, if the 20 parties are unable to resolve their disputes;
WHEREAS Magistrate Judge Chen's order instructed Defendants to provide a consolidated Re Plaintiff's Motion to Compel Production of Documents Designated as Privileged on April 15, 2009;
WHEREAS the parties are currently attempting to schedule a meet and confer and Defendants are working to produce a consolidated electronic log;
WHEREAS the current hearing schedule will not allow the parties sufficient time to meet and confer and attempt to resolve their disputes in accordance with Magistrate Judge Chen's Order and to file any necessary supplemental briefing with this Court related to the motions for summary judgment;
WHEREAS pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6.1(b) and 6.2, and subject to approval by the Court, the parties stipulate to continue the hearing on the 3 motions for summary judgment to May 22, 2009;
WHEREAS the only previous time modifications to the schedule in this case have been, by stipulation and Court order, the re-scheduling of the Initial Case Management Conference from December 7, 2007 to January 18, 2008 at 2:00 p.m.; by Court order, continuing the Initial Case
Management Conference from February 15, 2008 to April 11, 2008; by stipulation and Court order, the shortening of time in the briefing on Plaintiff's Motion to Strike to be heard concurrently with Defendant's motion to dismiss on March 14, 2008 at 9:00 a.m.; by stipulation and Court order, extending the time to file oppositions to motions for summary judgment from February 13, 2009 to February 20, 2009 and continuing the hearing on the parties' motions to dismiss by one week, from March 6, 2009 to March 13, 2009; and by motion and Court order, continuing the hearing on the parties' motions for summary judgment and related motions from March 13, 2009 to May 1, 2009;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and counsel for Defendants, subject to the approval of the Court, that the hearing on the Motions for Summary Judgment and Defendants' related motions to strike is continued until May 22, 2009.
DATED: April 23, 2009
I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT. In compliance with General Order 45, X.B., I hereby attest that Jacqueline Coleman Snead has concurred in this filing.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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