Hinds Investments. LP, et. al. v. Team Enterprises, Inc, et. al.

Filing 63

STIPULATION FOR CONTINUANCE OF TIME TO FILE OPPOSITION TO RR STREET & CO., INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT signed by District Judge Lawrence J. O'Neill on January 5, 2010. (Lira, I)

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1 2 3 4 5 6 7 8 9 10 11 12 13 Jordan S. Stanzler (SBN 54620) Jeffrey M. Curtiss (SBN 239199) STANZLER LAW GROUP LLC 2275 E. Bayshore Rd., Suite 100 Palo Alto, California 94303 Telephone: (650) 739-0200 Facsimile: (650) 739-0916 Attorneys for Plaintiffs Hinds Investments, L.P. and Patricia MacLaughlin as Trustee of the Thomas F. Hinds and Mary Jane Hinds Living Trust UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA HINDS INVESTMENTS, L.P. and PATRICIA MACLAUGHLIN as TRUSTEE of the THOMAS F. HINDS and MARY JANE HINDS LIVING TRUST, Plaintiffs, v. TEAM ENTERPRISES, INC., MULTIMATIC CORPORATION, MULTIMATIC DRY CLEANING MACHINE CORPORATION, MULTIMATIC LLC, KIRRBERG CORPORATION, HOYT CORPORATION, RR STREET & CO., INC., Defendants. _______________________________________ AND RELATED ACTIONS. _______________________________________ 14 15 16 17 18 19 20 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00703-LJO-GSA STIPULATION FOR CONTINUANCE OF TIME TO FILE OPPOSITION TO RR STREET & CO., INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (JOINED BY MULTIMATIC LLC AND THE KIRRBERG CORPORATION) Date: January 21, 2010 Time: 8:30 a.m. Courtroom: 4 ACTION FILED: May 10, 2007 TRIAL DATE: Not Set WHEREAS the defendant RR Street & Co. Inc. ("RR Street") filed a motion to dismiss 23 the plaintiffs Hinds Investments, L.P. and Patricia MacLaughlin as Trustee of the Thomas F. 24 Hinds and Mary Jane Hinds Living Trust's ("Hinds Investments") first amended complaint on 25 December 21, 2009, identified as Document 54 on the Court's docket; 26 WHEREAS the defendants Multimatic LLC ("Multimatic") and The Kirrberg 27 Corporation ("Kirrberg") joined in the motion to dismiss on January 4, 2010; 28 1 STIPULATION/ORDER. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS Local Rule 230(e) provides that the Court may continue the hearing date of the motion to dismiss and any joinders to that motion so that the responding party may adequately address all issues presented in the motions; WHEREAS Hinds Investments' opposition brief to the motion is due on or before January 7, 2010; WHEREAS the parties wish to extend the deadline for Hinds Investments to file an opposition brief in order to address all pending motions to dismiss and request a continuance of the hearing date; IT IS HEREBY STIPULATED by and between RR Street, Multimatic, Kirrberg and Hinds Investments that the plaintiffs' deadline for filing an opposition brief to the defendants' motion to dismiss will be continued to January 21, 2010; the defendants' deadline for filing a reply brief will be continued to February 9, 2010; and the hearing date will be continued to February 16, 2010 to coincide with the currently scheduled status conference. Dated: January __, 2010 STANZLER LAW GROUP LLC By:_______________________________________ Jordan S. Stanzler Jeffrey M. Curtiss Attorneys for Plaintiffs Hinds Investments, L.P. and Patricia MacLaughlin as Trustee of the Thomas F. Hinds and Mary Jane Hinds Living Trust Dated: January __, 2010 HICKS THOMAS LLP By:__________________________ Eric Grant Paula Whitten Attorneys for Defendant RR Street & Co., Inc. 26 27 28 2 STIPULATION/ORDER. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January __, 2010 DONGELL LAWRENCE FINNEY LLP By.__________________________ Richard A. Dongell Thomas F. Vandenburg Ian P. Culver Attorneys for Multimatic LLC and The Kirrberg Corporation ORDER This GRANTS the extension to file opposition and reply papers. This Court's practice is to rule on motions on the record without oral argument. This Court does not grant F.R.Civ.P. 12(b)(6) relief to a defendant joining in a pending motion to dismiss. IT IS SO ORDERED. Dated: 66h44d January 5, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 3 STIPULATION/ORDER.

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