UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
May 9, 2011
JEFFREY HERSON, AN INDIVIDUAL; EAST BAY OUTDOOR, INC., A CALIFORNIA CORPORATION,
CITY OF RICHMOND, A CHARTER CITY,
The opinion of the court was delivered by: Judge: Honorable Phyllis J. Hamilton
STIPULATION RE SUMMARY JUDGMENT; [PROPOSED] ORDER AS MODIFIED
Dept.: Courtroom 3 Trial Date: July 25, 2011
Pursuant to this Court's order of April 25, 2011, the parties hereby stipulate and notify 2 the Court of their proposal for further cross-motions for summary judgment as contemplated by 3 the April 25 order. 4
The parties propose to file cross-motions for summary judgment on July 1, 2011, to be 5 heard on August 10, 2011. Each party's opening brief shall be no more than ten pages in length.
Each party shall file a consolidated opposition/reply brief of no more than five pages in length 7 on or before July 27, 2011. 8 This schedule would conflict with the July 25, 2011 trial date and thus would require a 9 continuance of the trial date. The parties accordingly request that the Court vacate the trial date 10 and other remaining deadlines established in the Court's scheduling order, as amended. The 11 parties request that the Court set the case for trial on the first available trial date and reset the 12 remaining dates in the scheduling order based on the new trial date. 13
The parties therefore respectfully request that the Court enter the attached order 14 effectuating all of the foregoing. 15
DATED: May 5, 2011 SHUTE, MIHALY & WEINBERGER LLP 16 17 By: /s/ Matthew D. Zinn MATTHEW D. ZINN Attorneys for Defendant CITY OF RICHMOND DATED: May 5, 2011 RAM & OLSON LLP 22 23 24 KARL OLSON By: /s/ Karl Olson (signature page attached) Attorneys for Plaintiffs JEFFREY HERSON and EAST BAY OUTDOOR, INC.
Having considered the parties' stipulation regarding summary judgment, which the 3 parties submitted as provided in this Court's April 25, 2011 Order Granting Summary Judgment 4 in Part and Denying Summary Judgment in Part, it is hereby ORDERED as follows: 5
1. The parties shall file their additional cross-motions for summary judgment, as June 29, 2011 provided for in this Court's April 25, 2011 order, on or before July 1, 2011. Each party's 7 opening brief shall be no more than ten pages in length. 8
2. Each party shall file a consolidated opposition/reply brief of no more than five 9 pages in length on or before July 27, 2011. 10
3. The Court will hear argument on the cross-motions for summary judgment on August 10, 2011 at 9:00 a.m. 12
4. The remaining dates and deadlines established in this Court's scheduling order, as will be set after the motion is resolved.
amended, are vacated. The new dates and deadlines are established as follows: 14
Expert discovery cutoff:
HONORABLE PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE
Phyllis Hamilton Judge
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