Free Terminate Deadlines and Hearings - District Court of California - California

Case 3:07-cv-06132-MHP

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Filed 03/19/2008

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GERGOSIAN & GRALEWSKI LLP EDWARD M. GERGOSIAN (105679) ROBERT J. GRALEWSKI, JR. (196410) BROOKE E. HODGE (234411) 655 West Broadway, Suite 1410 San Diego, CA 92101 Telephone: (619) 237-9500 Facsimile: (619) 237-9555 email: [email protected] Attorneys for Plaintiff and Claimant Anthony N. LaPine

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEN DISTRICT OF CALIFORNIA ANTHONY N. LaPINE, ) ) Plaintiff and Claimant, ) ) vs. ) ) KYOCERA CORPORATION, ) ) Defendant and Respondent. ) ) ) ) Case No. 07-CV-06132-MHP STIPULATION AND [PROPOSED] ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE CONCERNING RESPONSES TO MOTION TO VACATE ARBITRATION AWARD AND MOTION TO CONFIRM ARBITRAL AWARD Hon. Marilyn H. Patel

WHEREAS, on December 3, 2007, Plaintiff filed his Motion to Vacate Arbitration Award with the Northern District of California; WHEREAS, on December 7, 2007, this case was assigned to Magistrate Judge James Larson; WHEREAS, on February 21, 2008, the Court granted Defendant's request for reassignment of the case to District Court Judge Marilyn H. Patel and vacated all pending hearing dates until further notice; WHEREAS, on February 26, 2008, the Court informed the parties that a Case Management Conference would take place on April 7, 2008;
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Case 3:07-cv-06132-MHP

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WHEREAS, Defendant filed its Cross-Motion to Confirm Arbitral Award; Memorandum of Points and Authorities (1) In Support of Cross-Motion to Confirm Arbitral Award, and (2) In Opposition to Plaintiff's Motion to Vacate on February 29, 2008; WHEREAS, in addition to the cross-motion Defendant filed its Administrative Motion for Leave to File Single Consolidated Memorandum Addressing Two Motions in Excess of 25 pages. The Court granted Defendant's motion on March 3, 2008; WHEREAS, Defendant's Cross-Motion set an April 7, 2008 hearing date without Plaintiff's prior agreement or notification; WHEREAS, the parties have reached an agreement regarding the briefing schedule and hearing date for the above-titled action; WHEREAS, pursuant to Civil Local Rule 6-2, the parties may file a stipulation requesting an order changing time that would affect the date of an event or deadline already fixed by Court order, or that would accelerate or extend time frames set in the Local Rules or in the Federal Rules; WHEREAS, Plaintiff requests the court to set the briefing schedule outlined below to allow the parties the time necessary to research and prepare their respective motions given the complexities of this case; WHEREAS, Defendant does not object to the new briefing schedule provided Defendant receives Plaintiff's opposition by noon on March 28, even though Plaintiff reserves the right to make changes to the document and file the motion with the court on March 31, 2008; and the extension for its reply brief set forth below; WHEREAS, the hearing date regarding the motion to vacate arbitration award and motion to confirm arbitral award will be April 28, 2008. IT IS HEREBY STIPULATED by the undersigned counsel on behalf of the parties identified below, subject to the Court's approval, that the deadlines for filing the opposition and replies to challenge or support the motion to vacate arbitration award or the motion to confirm arbitral award are set as follows:
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1. Plaintiff's Opposition to Defendant's Motion to Confirm Arbitral Award will be due March 31, 2008; 2. Defendant's Reply to Plaintiff's Opposition to Motion to Confirm Arbitral Award will be due April 14, 2008; and 3. Plaintiff's Reply to Defendant's Opposition to Motion to Vacate Arbitration Award will be due on April 14, 2008. 4. Hearing on both Plaintiff's Motion to Vacate Arbitral Award and Defendant's Motion to Confirm Arbitral Award is noticed for April 28, 2008. DATED: March 13, 2008 GERGOSIAN & GRALEWSKI LLP By:
/s/ Concurrence obtained General Order 45B.X

Edward M. Gergosian Robert J. Gralewski, Jr. Brooke E. Hodge Attorneys for Plaintiff Anthony N. LaPine DATED: March 13, 2008 COVINGTON & BURLING LLP By: /s/ Simon J. Frankel Simon J. Frankel Eugene D. Gulland Donald J. Ridings, Jr.

Attorneys for Defendant Kyocera Corporation 19 20 21 22 23 24 25 26 27 PURSUANT TO STIPULATION, IT IS SO ORDERED: The replies shall not exceed fifteen (15) pages. ISTRIC ES D T

UNIT ED

DATED: 3/18/2008

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The Honorable Marilyn H. Patel United States District DERED OR Judge Northern District of California T IS SO I

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