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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT

BRIEFING AND HEARING DATE 1

JOSEPH RUSSONIELLO (CSBN 44332)

United States Attorney

JOANN M. SWANSON (CSBN 88143)

Chief, Civil Division

MICHAEL T. PYLE (CSBN 172954)

Assistant United States Attorney

VICTORIA R. CARRADERO (CSBN 217885)

Assistant United States Attorney

 450 Golden Gate Avenue, Box 36055

 San Francisco, California 94102

 Telephone: (415) 436-7181

 Facsimile: (415) 436-6748

 Email: victoria.carradero@us.doj.gov

Attorneys for Federal Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SASKIA RUSSELL, ET AL., )

)

Plaintiffs, )

)

v. )

)

UNITED STATES OF AMERICA, )

)

) 

Defendant. )

)

)

)

___________________________________)

Case No. C 08-5651 THE (EMC)

STIPULATION AND [PROPOSED] ORDER

TO CONTINUE SUMMARY JUDGMENT

BRIEFING AND HEARING DATE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT

BRIEFING AND HEARING DATE 2

Plaintiffs Saskia Russell, et al., and Defendant United States of America, by and through their

undersigned counsel, hereby stipulate as follows:

WHEREAS, the settlement conference in this matter is currently set for February 22, 2010, the

same day that summary judgment is currently due (with a hearing date currently scheduled for March 29,

2010).

WHEREAS, Plaintiffs have requested to take the deposition of non-party Kevin Sheehan and

believe this deposition is necessary to fully evaluate the case. The parties are informed and believe Mr.

Sheehan is presently in Haiti assisting earthquake victims. 

WHEREAS the parties have stipulated and the court has ordered that Mr. Sheehan’s deposition

may occur on a date mutually agreeable to Mr. Sheehan and counsel. The parties expect this deposition

to take place in late February or early March 2010.

WHEREAS the parties agree to a short continuance of the summary judgment briefing and hearing

dates to accommodate the February 22, 2010 settlement conference and the upcoming deposition of Mr.

Sheehan.

Accordingly, the parties hereby stipulate that the deadline to file summary judgment is continued

from February 22, 2010 to March 8, 2010 and the hearing date on summary judgment is continued from

March 29, 2010 to April 12, 2010. 

IT IS SO STIPULATED.

DATED: February 16, 2010 BRAYTON PURCELL, LLP

__________/s/______________

Clayton W. Kent

Attorneys for Plaintiffs

DATED: February 16, 2010 JOSEPH RUSSONIELLO

United States Attorney

__________/s/______________

Victoria R. Carradero

Assistant United States Attorney

Attorneys for Federal Defendant

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SUMMARY JUDGMENT

BRIEFING AND HEARING DATE 3

PURSUANT TO STIPULATION IT IS SO ORDERED.

The deadline to file summary judgment is hereby continued from February 22, 2010 to March 8,

2010. The hearing date on summary judgment is hereby continued from March 29, 2010 to April 12,

2010.

DATED: __________________________

The Honorable Thelton E. Henderson

United States District Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

02/16/10

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