The opinion of the court was delivered by: William H. Alsup Judge of the United States
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FROM JANUARY 28, 2010 TO FEBRUARY 18, 2010 AND EXTENDING THE TIME FOR PLAINTIFFS' OPPOSITION TO JANUARY 28, 2010
WHEREAS, Plaintiffs' lead attorneys, John L. Burris and James B. Chanin, took and/or were present for all the depositions taken in the action relevant to opposing Defendants' motion for summary judgment,
WHEREAS, Mr. Burris is currently out of the country and Mr. Chanin is in Florida on vacation;
WHEREAS, Plaintiffs' opposition to Defendants' motion for summary judgment is currently due to be filed on January 7, 2010 and would require a substantial amount of work be performed in opposing the motion in the absence of both of Plaintiffs' lead counsel and over the Christmas and New Year's holidays;
WHEREAS, this hearing date poses a substantial burden on Plaintiffs' given the absence of Plaintiffs' lead counsel from the State;
WHEREAS, Plaintiffs' counsel made no arrangements with their respective staffs to be available to work on the motion opposition over the Christmas and New Year's holidays because they had no advance notice that the motion would be noticed for January 28, 2010;
WHEREAS, a continuance of the hearing date of the motion to February 18, 2010 would still be within the Court's current dispositive motion hearing date deadline of March 11, 2010;
THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD DO HEREBY STIPULATE AND AGREE THAT the hearing on Defendants' motion for summary judgment should be continued to February 18, 2010 and that the deadline for the filing of Plaintiffs' opposition should be extended to January 28, 2010.
IT IS SO STIPULATED AND AGREED:
Julie M. Houk Attorney for Plaintiff
STEPHEN Q. ROWELL Attorney for City of ...