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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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MARKUN ZUSMAN & COMPTON LLP 

JEFFREY K. COMPTON, State Bar No. 142969 

DARIA DUB CARLSON, State Bar No. 150628 

WILLIAM A. BAIRD, State Bar No. 192675 

17383 Sunset Boulevard, Suite A380 

Pacific Palisades, California 90272 

Telephone: (310) 454-5900 

Facsimile: (310) 454-5970 

LAW OFFICE OF STEVEN ELSTER 

STEVEN ELSTER, State Bar No. 227545 

785/E2 Oak Grove Road, #201 

Concord, CA 94518-3617 

Telephone: (925) 324-2159 

Facsimile: (925) 945-1276 

Attorneys for Plaintiffs,

JAMES BRADY, SARAH CAVANAGH

AND IVA CHIU 

MORRISON & FOERSTER LLP 

LINDA E. SHOSTAK, State Bar No. 64599 

JAMES E. BODDY, JR., State Bar No. 65244 

MARY FERRER HANSBURY, State Bar No. 191121 

425 Market Street 

San Francisco, California 94105-2482 

Telephone: (415)268-7000 

Facsimile: (415)268-7522 

Attorneys for Defendant, 

DELOITTE & TOUCHE LLP 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JAMES BRADY, SARAH CAVANAGH, 

and IVA CHIU, individually and on behalf 

of all others similarly situated, 

 Plaintiffs,

 vs. 

DELOITTE & TOUCHE LLP, a limited 

liability partnership; and DOES 1-10, 

inclusive,

 Defendants 

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CASE NO.: C-08-00177 SI 

STIPULATION AND [PROPOSED] 

ORDER RE: CLARIFYING 

SCHEDULE FOR DISPOSTIVE 

MOTIONS AND SETTING 

STATUS CONFERENCE

Case 3:08-cv-00177-SI Document 140 Filed 05/19/10 Page 1 of 5
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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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STIPULATION

 Pursuant to Local Rules 16 and 7-12, Plaintiffs and Defendant, through their 

respective counsel, submit the following stipulation and [proposed] order regarding 

the previously scheduled dates for dispositive motions. 

 WHEREAS, at the status conference on April 2, 2010, the Court advised the 

parties that either party could file a dispositive motion as soon as such motion was 

ready to be filed and that if a motion was filed on or before May 14, 2010 it could be 

heard on July 2, 2010, which scheduling would allow for cross-motions to be briefed; 

WHEREAS, the Court further advised the parties that that if no dispositive 

motion is filed by May 14, 2010, the presently set July 2, 2010 hearing date would 

proceed as a further status conference only if the parties felt a further status 

conference would be appropriate;

WHEREAS, on April 7, 2010 an order was issued by the Court setting a 

hearing date for dispositive motions of July 2, 2010 and a filing date for dispositive 

motions of May 14, 2010 ; 

WHEREAS, the parties and Court did not discuss or intend the dispositive 

motion filing date of May 14, 2010 to be construed as the definitive and final 

deadline for filing and hearing dispositive motions in this action as the parties 

informed the Court that further discovery may be necessary prior to the filing of such 

motions; 

WHEREAS, Defendant has discovery outstanding and the parties did not file 

dispositive motions on May 14, 2010 but still intend to do so at a later date; 

WHEREAS, the parties have agreed to a briefing schedule that will apply when 

dispositive motions are filed; 

WHEREAS, the parties agree that it is prudent to clarify any ambiguity about 

when dispositive motions can be filed; 

 NOW THEREFORE, the parties hereby stipulate, as follows: 

Case 3:08-cv-00177-SI Document 140 Filed 05/19/10 Page 2 of 5
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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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1. The previously scheduled July 2, 2010 hearing date for dispositive 

motions shall instead proceed as a further status conference; 

2. The parties are not precluded from filing dispositive motions at a later 

date;

3. If either party files a motion for summary judgment or partial summary 

judgment, the party will notice the hearing on the motion for not less than 49 days 

from the date of filing in order for the following sequential briefing schedule to 

occur: Opposition to motion and cross motion, if any, both due 35 days before 

hearing; opposition to cross-motion and reply on motion due 21 days before hearing; 

reply on cross-motion due 14 days before the hearing. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

COUNSEL FOR PLAINTIFFS

DATE: May 14, 2010 By: _/s/ William A. Baird______

 WILLIAM A. BAIRD

 JEFFREY K. COMPTON

 Markun Zusman & Compton LLP 

 STEVE ELSTER 

 Law Office of Steve Elster

COUNSEL FOR DEFENDANTS

DATE: May 14, 2010 By: __/s/ Mary Ferrer Hansbury____

 LINDA E. SHOSTACK

 JAMES E. BODDY, JR. 

 MARY FERRER HANSBURY 

 Morrison & Foerster LLP 

Case 3:08-cv-00177-SI Document 140 Filed 05/19/10 Page 3 of 5
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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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ECF CERTIFICATION 

 I hereby attest that I have obtained concurrence regarding the filing of this 

document from each of the signatories within the e-filed document. 

DATE: May 14, 2010 By: _/s/ William A. Baird______

 William A. Baird 

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO 

ORDERED.

DATED: ________________ ____________________________ 

 Honorable Susan Illston 

United States District Court Judge 

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Stipulation And [Proposed] Order Re: Clarifying Schedule Case. No. 3:08-Cv-00177-SI

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ECF CERTIFICATION 

 I hereby attest that I have obtained concurrence regarding the filing of this 

document from each of the signatories within the e-filed document. 

DATE: May 14, 2010 By: _/s/ William A. Baird______

 William A. Baird 

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO 

ORDERED.

DATED: ________________ ____________________________ 

 Honorable Susan Illston 

United States District Court Judge 

Case 3:08-cv-00177-SI Document 140 Filed 05/19/10 Page 5 of 5