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GREENBERG TRAURIG, LLP 

GREGORY F. HURLEY (SBN 126791) OK/HAV

EZRA J. REINSTEIN (SBN 224748) 

650 Town Center Drive, Suite 1700 

Costa Mesa, California 92626 

Telephone: (714) 708-6500 

Facsimile: (714) 708-6501 

Email: hurleyg@gtlaw.com

Email: reinsteine@gtlaw.com

Attorneys for Defendant 

HOME DEPOT U.S.A., INC. dba HOME DEPOT #1003 

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO 

TONY MARTINEZ, 

 Plaintiff, 

vs. 

HOME DEPOT U.S.A., INC. dba 

HOME DEPOT #1003; AND DOES 

1 through 10, inclusive, 

 Defendant. 

CASE NO. CV 04-2272 DFL (DAD) 

Assigned Judge: Hon. David F. Levi 

Magistrate Judge: Hon. Dale A. Drozd 

STIPULATION TO CONTINUE 

HEARING DATE AND BRIEFING 

SCHEDULE 

DATE: October 4, 2006

TIME: 10:00 a.m.

CTRM: 7

Complaint Filed: 11/24/04 

Trial Date: 01/08/07 

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WHEREAS, the hearing of Defendant’s Motion for Summary Judgment and 

Plaintiff’s Motion to Amend the Complaint is currently set on October 4, 2006, at 10 a.m. 

before this Court; 

WHEREAS, Plaintiff has filed a Cross Motion for Summary Judgment (the “Cross 

Motion”) with his Opposition to Defendant’s Motion for Summary Judgment (the 

“Motion”); 

WHEREAS, Defendant has requested additional time to respond in light of the 

Cross Motion; and 

WHEREAS, the parties agree that it is appropriate for all three motions to be heard 

at the same hearing, 

IT IS HEREBY STIPULATED AND AGREED, by and between counsel for 

Plaintiff and counsel for Defendant, that 

• the hearing date for Defendant’s Motion for Summary Judgment, Plaintiff’s Cross 

Motion for Summary Judgment, and Plaintiff’s Motion to Amend the Complaint, 

presently scheduled for October 4, 2006, at 10 a.m., shall be continued until 

December 13, 2006, at 10 a.m., or as soon thereafter as this Court may hear these 

motions, 

• Defendant shall file and serve its Opposition to Plaintiff’s Cross Motion no later 

than October 27, 2006, 

• Plaintiff shall file and serve his Reply in support of his Cross Motion, and 

Defendant shall file and serve its Reply in support of its Motion, no later than 

November 14, 2006, 

• The Final Pretrial Conference shall be held on February 2, 2007, and 

• Bench Trial shall begin on March 12, 2007. 

DATED: September 26, 2006 LAW OFFICES OF LYNN HUBBARD, III 

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By:__/s/ Lynn Hubbard, III_________________ 

Lynn Hubbard, III 

Attorneys for Plaintiff TONY MARTINEZ 

DATED: September 22, 2006 GREENBERG TRAURIG, LLP 

By:/s/ Ezra J. Reinstein 

Ezra J. Reinstein 

Attorneys for Defendant HOME DEPOT 

U.S.A., INC. dba HOME DEPOT #1003 

ORDER

It is hereby ORDERED that: 

• the hearing date for Defendant’s Motion for Summary Judgment, Plaintiff’s Cross 

Motion for Summary Judgment, and Plaintiff’s Motion to Amend the Complaint, 

presently scheduled for October 4, 2006, at 10 a.m., shall be continued until 

December 13, 2006, at 10 a.m., 

• Defendant shall file and serve its Opposition to Plaintiff’s Cross Motion no later 

than October 27, 2006, 

• Plaintiff shall file and serve his Reply in support of his Cross Motion, and 

Defendant shall file and serve its Reply in support of its Motion, no later than 

November 14, 2006. 

• The parties joint pretrial statement shall be filed no later than January 26, 2007. 

• Final Pretrial Conference shall be held on February 2, 2007 at 2:00 p.m. 

• Bench Trial shall begin on March 12, 2007 at 8:30 a.m. 

DATED: September 28, 2006 

/s/ David F. Levi_______

 Honorable David F. Levi 

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