Team Enterprises, LLC v. Western Investment Real Estate Trust et al

Filing 348

JOINT Request for Continuance of Hearing on PK Defendants' Motion for Leave to File an Amended Answer with Cross-Claims Against Street; ORDER - 333 MOTION For Leave to File an Amended Joint Answer to Third Amended Complaint with Crossclaims Against RR Street HEARING is continued from 9/17/2010 to THURSDAY, SEPTEMBER 23, 2010 at 09:30 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. signed by Magistrate Judge Sandra M. Snyder on 9/2/2010. (Herman, H)

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8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone]

Eric Grant (Bar No. 151064) [e-mail] Hicks Thomas LLP 8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone] Facsimile: [phone] John B. Thomas (Bar No. 269538) [e-mail] Paula Whitten (Bar No. 255811) [e-mail] Hicks Thomas LLP 700 Louisiana Street, Suite 2000 Houston, Texas 77002 Telephone: [phone] Facsimile: [phone] Counsel for Defendant R.R. STREET & CO. INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

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HICKS THOMAS LLP

TEAM ENTERPRISES, LLC, Plaintiff, v. WESTERN INVESTMENT REAL ESTATE TRUST, aka WESTERN PROPERTIES TRUST; et al., Defendants, AND ALL RELATED CROSS-CLAIMS AND THIRD-PARTY CLAIMS.

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No. 1:08-cv-00872-LJO-SMS
JOINT REQUEST FOR CONTINUANCE OF HEARING ON PK DEFENDANTS' MOTION FOR LEAVE TO FILE AN AMENDED ANSWER WITH CROSSCLAIMS AGAINST STREET [L.R. 230(f)]; ORDER

Hearing Date: Time: Courtroom: Judge:

September 17, 2010 9:30 a.m. 7 Hon. Sandra M. Snyder

Pursuant to Local Rule 230(f), Defendant R.R. Street & Co. Inc. ("Street") and Defendants, Cross-Complainants, and Third-Party Plaintiffs PK II Century Center LP; Pan Pacific Retail Properties, LLC as Successor-in-Interest to Pan Pacific Retail Properties, Inc.; Kimco Realty Company; and Prudential Real Estate Investors (collectively, the PK Defendants") respectfully request
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1 Joint Request for Continuance of Hearing on PK Defendants' Motion for Leave to File an Amended Answer

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8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone]

a continuance of the hearing on the PK Defendants' pending motion for leave to file an amended answer with cross-claims against Street. In support of this request, Street and the PK Defendants would show the following: 1. The PK Defendants filed their motion for leave on August 9, 2010 and set the mo-

tion for hearing before Judge O'Neill on September 8, 2010 (Doc. 333). 2. On August 10, 2010, Judge O'Neill sua sponte assigned the matter to this Court

and reset that hearing for September 17, 2010, at 9:30 a.m. (Doc. 334). 3. Street and the PK Defendants believe in good faith that they can resolve this mat-

ter without the necessity of a ruling by the Court, if given sufficient time to do so. Therefore, Street and the PK Defendants respectfully request that the hearing on the PK Defendants' motion for leave be continued to Friday, September 24, 2010, at 9:30 a.m., or some later date that is convenient for the Court. Dated: September 2, 2010. Respectfully submitted, /s/ Eric Grant Eric Grant John B. Thomas Paula Whitten Hicks Thomas LLP Counsel for Defendant R.R. STREET & CO. INC. GREENBERG TRAURIG, LLP By: /s/ Kathleen E. Finnerty (as authorized on this date) KATHLEEN E. FINNERTY ANGELA L. DIESCH Attorneys for Defendants, PK II CENTURY CENTER LP; PAN PACIFIC RETAIL PROPERTIES, LLC AS SUCCESSOR-IN-INTEREST TO PAN PACIFIC RETAIL PROPERTIES, INC.; KIMCO REALTY COMPANY; AND PRUDENTIAL REAL ESTATE INVESTORS

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HICKS THOMAS LLP

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2 Joint Request for Continuance of Hearing on PK Defendants' Motion for Leave to File an Amended Answer

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8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone]

The hearing on the PK Defendants' motion for leave to file an amended answer including cross-claims against Street is hereby continued to Thursday, September 23, 2010, at 9:30 a.m. before Judge Snyder in Courtroom #7 (suggested date was Friday, September 24, 2010, at 9:30 a.m.). IT IS SO ORDERED. Dated: September 2, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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3 Joint Request for Continuance of Hearing on PK Defendants' Motion for Leave to File an Amended Answer