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David Wasserman v. United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 23, 2011

DAVID WASSERMAN,
PLAINTIFF,
v.
UNITED STATES OF AMERICA,
DEFENDANT.

The opinion of the court was delivered by: Hon. Elizabeth D. Laporte United States Magistrate Court Judge

MELINDA HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5087 FAX: (408) 535-5081 michael.t.pyle@usdoj.gov Attorneys for Defendant United States of America Michael Cohen (CSBN 98066) Attorney at Law Grove Law Building 345 Grove Street San Francisco, CA 94102 415/861-4414 Fax: 415/431-4526 Attorney for Plaintiff David Wasserman

STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AS MODIFIED

The parties, having both previously consented to allow the Court to conduct all further proceedings in this matter, have reached the following stipulation, all of which is subject to the Court's approval.

Counsel for defendant has advised counsel for planitiff of defendant's intention to file a motion to dismiss the complaint. This motion will be filed on or before November 30, 2011, a few days prior to 26the deadline to respond to the complaint because of leave long scheduled for defendant's counsel. The 27parties have discussed a briefing schedule to accommodate their respective schedules and which they 28believe is most efficient for their respective clients.

Defendant will notice his motion for hearing on February 7, 2012 at 9:00 a.m. The parties have 2agreed that Plaintiff will have until January 6, 2012 to file any opposition papers and Defendant will 3have until January 20, 2012 to file any reply papers. The parties have further stipulated to request that 4the Court continue the Initial Case Management Conference from December 20, 2011 to February 7, 52012 at 10:00 a.m., the same day as the motion hearing date.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Defendant's motion to dismiss is to be filed on or before November 30, 2011. Planitiff's 19 opposition to the motion is due on or before January 6, 2012. Defendant's reply in support of the 20 motion is due on or before January 20, 2012. Defendant shall notice the motion for hearing on February 7, 2012 at 9:00 a.m. The Court reserves the right to continue the hearing or decide the motion 22 without a hearing should the Court decide that it is appropriate to do so. The initial Case Management 9:00 Conference is continued from December 20, 2011 to February 7, 2012 at 10:00 a.m. The parties shall 24 file a joint Case Management Conference Statement on or before January 31, 2012. 25 26

20111123

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