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JEFFREY B. DEMAIN (SBN 126715)

JONATHAN WEISSGLASS (SBN 185008)

ALTSHULER BERZON LLP

177 Post Street, Suite 300

San Francisco, CA 94108

Telephone: (415) 421-7151

Facsimile: (415) 362-8064

jdemain@altshulerberzon.com

jweissglass@altshulerberzon.com

ROBERT M. WEINBERG (admitted pro hac vice)

W. GARY KOHLMAN (admitted pro hac vice)

LEON DAYAN (admitted pro hac vice)

RAMYA RAVINDRAN (admitted pro hac vice)

BREDHOFF & KAISER, PLLC

805 Fifteenth St. N.W. Tenth Floor

Washington, DC 20005

Telephone: (202) 842-2600

Facsimile: (202) 842-1888

rweinberg@bredhoff.com

ldayan@bredhoff.com

rravindran@bredhoff.com

EDGAR N. JAMES (admitted pro hac vice)

JEFF VOCKRODT (admitted pro hac vice)

James & Hoffman, P.C.

1101 17th Street, NW, Suite 510

Washington, D.C. 20036

Telephone: (202) 496-0500

Facsimile: (202) 496-0555

ejames@jamhoff.com

jvockrodt@jamhoff.com

GLENN ROTHNER (SBN 67353)

EMMA LEHENY (SBN 196167)

ROTHNER, SEGALL, GREENSTONE 

 & LEHENY

510 South Marengo Avenue

Pasadena, CA 91101

Telephone: (626) 796-7555

Facsimile: (626) 577-0124

grothner@rsgllabor.com

eleheny@rsgllabor.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SERVICE EMPLOYEES

INTERNATIONAL UNION, et al.,

Plaintiffs, 

v.

SAL ROSSELLI, et al., 

Defendants.

___________________________________

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CASE NO. 09-CV-0404 WHA (MEJ)

STIPULATION FOR ORDER CHANGING

TIME RE BRIEFING SCHEDULE FOR

MOTION FOR PARTIAL SUMMARY

JUDGMENT; AND [PROPOSED] ORDER

THEREON

Civil Local Rules 6-1, 6-2

Date: N/A

Time: N/A

Courtroom: N/A

Hon. William H. Alsup

STIP. FOR ORDER CHANGING TIME; AND [PROPOSED] ORDER

Case No. 09-CV-0404 WHA (MEJ)

Case 3:09-cv-00404-WHA Document 491 Filed 02/09/10 Page 1 of 5 Case3:09-cv-00404-WHA Document489 Filed02/08/10 Page1 of 5
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STIPULATION FOR ORDER CHANGING TIME

Pursuant to Civil Local Rules 6-1 and 6-2, the parties hereby file this stipulation for an Order

extending the filing dates for Plaintiffs’ Opposition to the Education Fund Defendants’ Motion for

Partial Summary Judgment and the Education Defendants’ Reply thereto. No prior requests to

change the briefing schedule on the Motion have been made.

In Docket No. 467, the Court granted leave for the Education Fund Defendants to file their

motion by January 28, 2010, and specified that their motion “shall be heard on a normal 35-day

track.” Docket No. 467 at 1:22. The Education Fund Defendants filed their motion on January 28. 

See Docket No. 471. Under the normal 35-day track, Plaintiffs’ Opposition thereto is currently due

this Thursday, February 11, and the Education Fund Defendants’ Reply thereto is currently due next

Thursday, February 18, 2010. Plaintiffs assert that they have been working diligently on their

Opposition, but their best efforts to have their Opposition ready to be filed on February 11 have

been impeded by the historic and unanticipated blizzard in Washington, DC area, where Plaintiffs’

counsel with responsibility for drafting the Opposition reside, as set forth below in the Declaration

of Jeffrey B. Demain.

For the foregoing reasons, the undersigned parties stipulate to an extension, providing that

the filing and service date of Plaintiffs’ Opposition to the Education Fund Defendants’ Motion for

Partial Summary Judgment be extended from Thursday, February 11, to Monday, February 15,

notwithstanding the fact that February 15 is a Court holiday, and that the filing and service date of

the Education Fund Defendants’ Reply thereto be extended from Thursday, February 18, to

Wednesday, February 24, but that the hearing on the Motion remain scheduled for Thursday, March

4. This stipulated request will not affect any of the other dates or deadlines established by the Court

in this case.

The Education Fund Defendants’ agreement to the foregoing extension for Plaintiffs’

Opposition is expressly conditioned on the Court granting them additional time for their Reply, and

on the Court retaining the March 4 hearing date.

Plaintiffs therefore respectfully request that, if the Court is not willing to extend the due

dates as requested above without extending the hearing date, the Court treat this stipulation as a

STIP. FOR ORDER CHANGING TIME; AND [PROPOSED] ORDER

Case No. 09-CV-0404 WHA (MEJ) 1

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motion by Plaintiffs for an extension of time to file their Opposition, until Monday, February 15,

2010, pursuant to Civil Local Rules 6-1 and 6-3. In such event, the Education Fund Defendants

request an equivalent amount of time to file their Reply.

The undersigned parties request the Court to order the following changes to the briefing

schedule on the Education Fund Defendants’ Motion for Partial Summary Judgment:

1. The filing and service date of Plaintiffs’ Opposition to the Education Fund

Defendants’ Motion for Partial Summary Judgment be extended from Thursday, February 11, to

Monday, February 15, 2010 (on which day the Opposition will be filed and served through the

Court’s ECF system, notwithstanding the Court holiday);

2. The filing and service date of the Education Fund Defendants’ Reply on Defendants’

Motion for Partial Summary Judgment be extended from Thursday, February 18, to Wednesday,

February 24, 2010; and

3. The hearing on the Motion shall remain scheduled for Thursday, March 4, 2010.

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STIP. FOR ORDER CHANGING TIME; AND [PROPOSED] ORDER

Case No. 09-CV-0404 WHA (MEJ) 2

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The foregoing is so stipulated and agreed.

Dated: February 8, 2010. ALTSHULER BERZON LLP

BREDHOFF & KAISER, PLLC

JAMES & HOFFMAN, P.C.

ROTHNER, SEGALL, GREENSTONE &

LEHENY

 /s/ Jeffrey B. Demain 

By: Jeffrey B. Demain

Attorneys for Plaintiffs

Dated: February 8, 2010. McCARTHY, JOHNSON & MILLER

Law Corporation

DIANE SIDD-CHAMPION (SBN 78140)

RAPHAEL SHANNON (SBN 83850)

ANA P. PEREZ (SBN 253309)

ROBERT I. LOCKWOOD (SBN 259870)

595 Market Street, Suite 2200

San Francisco, CA 94105

Telephone: (415) 882-2992

Facsimile: (415) 882-2999

E-mail: dsidd-champion@mjmlaw.us

 /s/ Diane Sidd-Champion 

By: Diane Sidd-Champion

Attorneys for Defendants Sal Rosselli, John

Borsos, Laura Kurre, Ralph Cornejo, Will

Clayton, and John Vellardita in their capacities

as Trustees or former Trustees of the SEIU

UHW and Joint Employer Education Fund and

Mary Ruth Gross in her capacity as Executive

Director of the SEIU UHW and Joint Employer

Education Fund

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 

 

Hon. William H. Alsup

United States District Court Judge

STIP. FOR ORDER CHANGING TIME; AND [PROPOSED] ORDER

Case No. 09-CV-0404 WHA (MEJ) 3

Case3:09-cv-00404-WHA Document489 Filed02/08/10 Page4 of 5

February 9, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:09-cv-00404-WHA Document 491 Filed 02/09/10 Page 4 of 5
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ECF CERTIFICATION

I, Jeffrey B. Demain, am the ECF User whose identification and password are being used to

file this Stipulation for Order Changing Time re Briefing Schedule for Motion for Partial Summary

Judgment; and [Proposed] Order Thereon. In compliance with General Order 45.X.B., I hereby

attest that Diane Sidd-Champion has concurred in this filing.

Dated: February 8, 2010 /s/ Jeffrey B. Demain 

 JEFFREY B. DEMAIN

STIP. FOR ORDER CHANGING TIME; AND [PROPOSED] ORDER

Case No. 09-CV-0404 WHA (MEJ) 4

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