Legal Order Briefing Schedule

LEGAL ORDER BRIEFING SCHEDULE

Court:    Case No.:    Judge:

Plaintiff/Petitioner:    Defendant/Respondent:

RECITALS

WHEREAS, the parties have requested that the Court set a coordinated schedule for the filing, service, and hearing of briefing in connection with the following motion or matter: ; and

WHEREAS, the parties have met and conferred and agree that a structured briefing schedule will promote efficient resolution of the matter and permit the Court adequate time to consider each filing; and

WHEREAS, the parties intend to submit this agreement to the Court for entry as an order if the Court so directs;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the parties agree as follows:

1. DEFINITIONS

1.1 "Filing" means electronic or paper submission to the Court of any brief, motion, declaration, affidavit, exhibit, or other document identified in the schedule below. "Service" means delivery to opposing counsel in a manner permitted by the applicable rules of civil procedure and the Court.

2. BRIEFING SCHEDULE

The parties adopt the following schedule for filing, service, and hearing of the identified items. All deadlines are inclusive of the entire day. Each calendar date below is represented by separate month, day and year fields.

3. FILING AND SERVICE

3.1 All filings shall be lodged with the Court and served upon opposing counsel by the deadlines set forth above. Service by electronic transmission or other method authorized by the Court's local rules shall be deemed effective for purposes of this schedule.

3.2 Each party shall certify compliance with the schedule in a filed declaration when required by local practice or by order of the Court.

4. EXTENSIONS AND CONTINUANCES

4.1 Any request for extension of the deadlines set forth in this schedule shall be made by written stipulation signed by counsel for the parties and submitted to the Court for approval, or by noticed motion demonstrating good cause. Shortening of time shall be permitted only by Court order.

4.2 Absent express Court approval, any extension of a filing deadline shall result in equivalent adjustments to subsequent deadlines to preserve the response and reply intervals agreed herein.

5. HEARING PROCEDURES

5.1 The parties shall jointly notify the Court of any agreed hearing date and proposed length of hearing. The Court's calendar controls and any scheduled hearing may be continued or vacated by the Court.

6. NON-COMPLIANCE

6.1 Failure to comply with the deadlines set forth in this schedule may result in the Court declining to consider untimely filings, striking or limiting arguments, or other sanctions as permitted by law and local rules.

7. NOTICES

Counsel for Plaintiff/Petitioner:

Counsel for Defendant/Respondent:

8. ADDITIONAL TERMS

9. GOVERNING LAW

This agreement shall be governed by the substantive and procedural laws of the jurisdiction in which the Court is located, without regard to conflict-of-law principles that would apply the law of another jurisdiction.

10. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS; WAIVER; COUNTERPARTS

10.1 This document contains the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous oral or written agreements shall modify the terms herein except by written amendment signed by counsel for both parties and approved by the Court where required.

10.2 If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

SIGNATURES

The parties, through their undersigned counsel or authorized representatives, agree that the foregoing schedule accurately reflects their agreement and request that the Court adopt this briefing schedule by order where appropriate.

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