JOINT STIPULATION TO CONTINUE HEARING 

ON SUMMARY JUDGMENT

Case No.: 3:09-cv-00230 CRB

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John Huster (State Bar No. 175565)

The Huster Law Group

140 Geary Street. 7th Floor

San Francisco, CA 94108

Phone: (415) 398-9700

Facsimile: (415) 520-0686

john@husterlaw.com

Attorneys for Plaintiff,

Adelaida Mateo

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ADELAIDA MATEO,

Plaintiff

vs.

RES-CARE INC, AND DOES 1 

THROUGH 50, inclusive,

Defendants.

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Case No.: C 09-00230 CRB

JOINT STIPULATION TO CONTINUE 

HEARING ON MOTION FOR 

SUMMARY JUDGMENT AND 

[PROPOSED] ORDER THEREOF

Date: June 4, 2010

Time:

Courtroom: 8, 19th Fl.

Plaintiff, Adelaida J. Mateo (“Mateo”), by and through her undersigned counsel, and 

Defendant Res-Care, Inc. (“Res-Care”), by and through its undersigned counsel, hereby enter 

into the following Stipulation:

WHEREAS, the Court previously set the hearing of Defendant’s motion for summary 

judgment for June 25, 2010 and Defendant has filed its motion for summary judgment for 

hearing on that date; 

WHEREAS, a conflict with the hearing date has arisen for counsel for the Plaintiff, John 

Huster, in that Mr. Huster’s good friend and colleague, James M. Robinson, is getting married in 

Case 3:09-cv-00230-CRB Document 40 Filed 06/04/10 Page 1 of 3
JOINT STIPULATION TO CONTINUE HEARING 

ON SUMMARY JUDGMENT

Case No.: 3:09-cv-00230 CRB

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Sun Valley Idaho on June 26, 2010, and, as a member of the wedding party, Mr. Huster is 

required to be in Idaho during the day on June 25, 2010 for certain pre-wedding events (a true 

and correct copy of the wedding invitation is attached hereto as Exhibit 1);

WHEREAS, good cause also exists for the continuance in that the parties seek to narrow 

the issues for hearing and need additional time to complete discovery necessary to the summary 

judgment motion so as to avoid undue consumption of the Court’s and the parties’ time;

WHEREAS, the Plaintiff Adelaida J. Mateo stipulates to dismiss with prejudice and 

hereby does dismiss with prejudice the First, Fourth, Fifth, Sixth, Seventh and Eighth Causes of 

Action and Defendant Res-Care, Inc., agrees to waive costs as to each of said causes of action; 

WHEREAS, the Plaintiff agrees that Defendant may use Plaintiff’s further discovery 

undertaken prior to the hearing on the motion for summary judgment, including, but not limited 

to discovery responses, including responses to Requests for Admissions, Set One, and 

Interrogatories, Set One, in Defendant’s reply on summary judgment without objection to the use 

of said discovery responses.

NOW, THEREFORE, Plaintiff Adelaida J. Mateo and Defendant Res-Care, Inc. stipulate 

to and hereby request that the Court reschedule the hearing date on Defendant’s motion for 

summary judgment to July 23, 2010 at 10:00 a.m. in Courtroom 8, or as soon thereafter as the 

Court is available. 

Case 3:09-cv-00230-CRB Document 40 Filed 06/04/10 Page 2 of 3
JOINT STIPULATION TO CONTINUE HEARING 

ON SUMMARY JUDGMENT

Case No.: 3:09-cv-00230 CRB

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Dated: June _4__, 2010 DUANE MORRIS LLP

By: /S/

Attorneys for Defendant

RES-CARE, INC.

Dated: June __4_, 2010 THE HUSTER LAW GROUP

Andrew K. Gordon

Allegra A. Jones

By: /S/

John Huster

Attorneys for Plaintiff

ADELAIDA J. MATEO

PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing on Defendant’s 

motion for summary judgment is continued until July 23, 2010 at 10:00am., or until 

_______________________.

Dated: June ____, 2010

United States District Court Judge.

04

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-00230-CRB Document 40 Filed 06/04/10 Page 3 of 3