STIPULATION AND ORDER RE CONTINUANCE OF HEARING ON SECURITY MOTION (CASE NO. 07-01790 LKK EFB)
Defendants CORRECTIONS USA, CALIFORNIA CORRECTIONAL PEACEOFFICERS ASSOCIATION, JAMES BAIARDI, and DONALD JOSEPH BAUMANN(collectively referred to herein as “Defendants”) have appealed the judgment in this matter. OnJuly 1, 2010, Defendants filed a Motion to Allow Posting of Alternative Security in connectionwith that appeal. (“Motion”—CM/ECF Doc. No. 603.)The hearing on Defendants’ Motion was set for August 1, 2011. The current deadline forPlaintiff/Cross-Defendant BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN ASSOCIATES,LLC, and Defendant/Counter-Plaintiff GARY HARKINS (collectively referred to herein as“Plaintiffs”) to file their opposition to the Motion is July 18, 2011. Plaintiffs require additionaltime to prepare and file their opposition, primarily due to the work schedule of Plaintiffs’ counsel.Defendants do not oppose Plaintiffs’ request for additional time, provided Defendants are givencommensurate time to prepare and file their reply brief.As set forth below, the parties therefore stipulate and request that the Court continue thehearing on Defendants’ Motion to August 29, 2011 (with the briefing schedule as detailed below).Further, on June 16, 2011, the Court entered its Order (CM/ECF Doc. No. 602) continuingthe stay of execution of the judgment (the “Stay”) to August 1. In order to accommodate thecontinuance of the hearing on Defendants’ Motion, the parties also stipulate and request that theCourt extend the Stay to August 29, 2011.
In light of the above, the parties HEREBY STIPULATE, subject to the Court’s approval,that the hearing date on Plaintiffs’ Motion shall be continued to August 29, 2011, at 10:00 a.m. inCourtroom 4 of the above-entitled Court. The parties FURTHER STIPULATE that Plaintiffs’opposition to Defendants’ Motion shall be filed no later than August 3, 2011, and thatDefendants’ reply papers shall be filed no later than August 22, 2011.The parties FURTHER STIPULATE, subject to the Court’s approval, that the Stay isextended to August 29, 2011. / / /
Case 2:07-cv-01790-LKK-EFB Document 605 Filed 07/14/11 Page 2 of 3