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Shepard v. Miller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 8, 2010

PAULA SHEPARD, PLAINTIFF,
v.
JANE MILLER, AN INDIVIDUAL, CAREER PRESS, INC. NEW PAGE BOOKS, AND DOES 1-100, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER REGARDING HEARING AND BRIEFING SCHEDULE ON DEFENDANTS' SPECIAL MOTION TO STRIKE AND MOTION FOR JUDGMENT ON THE PLEADINGS

The parties to the above-entitled action hereby submit the following Stipulation and Proposed Order:

WHEREAS defendants Jane Miller, Career Press, Inc. and New Page Books filed a Special Motion to Strike the state law claims on September 20, 2010, and noticed the hearing on that motion for November 8, 2010;

WHEREAS defendants intend to file a Motion for Judgment on the Pleadings on the copyright as well as state law claims;

WHEREAS the parties believe it is in the interest of judicial economy to combine the hearings on defendants' related motions;

WHEREAS the parties also believe that consolidation of the hearings on defendants' motions warrants adjustment to the briefing schedule set by Local Rule 230;

NOW THEREFORE, the parties agree to the following schedule: (1) defendants shall file their Motion for Judgment on the Pleadings no later than October 18, 2010, and shall notice that motion for hearing on December 6, 2010; (2) the hearing on defendants' Special Motion to Strike currently set for November 8, 2010, shall be continued until December 6, 2010, and consolidated with the hearing on the Motion for Judgment on the Pleadings once it is filed and noticed; (3) the Opposition(s) of plaintiff Paula Shepard to defendants' Special Motion to Strike and to defendants' Motion for Judgment on the Pleadings may be consolidated or filed separately and, in either event, shall be filed on or before November 8, 2010; and (4) defendants' Reply brief(s) in support of their Special Motion to Strike and their Motion for Judgment on the Pleadings also may be consolidated or filed separately and, in either event, shall be filed on or before November 29, 2010.

Dated: October 7, 2010 HOLME ROBERTS & OWEN LLP ROGER MYERS LEILA KNOX ROGER MYERS Attorneys for Defendants Jane Miller, Career Press, Inc. and New Page Books

Dated: October 7, 2010 NARANCIC AND KATZMAN, PC PERRY J. NARANCIC By: (as authorized on Oct. 6, 2010) PERRY J. NARANCIC Attorneys for Plaintiff Paula Shepard

ORDER

Based upon the above stipulation of the parties, and good cause appearing therefore, IT IS SO ORDERED.

20101008

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