Gary Hall, D.C., et al v. Laser Therapy Products LLC, et al

Filing 36

STIPULATION and ORDER to Continue Mandatory Scheduling Conference: Initial Scheduling Conference is continued from 2/10/09 to March 10, 2009 at 09:00 AM (not 8:30am) in Courtroom 7 (SMS) before Judge Sandra M. Snyder. signed by Judge Sandra M. Snyder on 1/29/2009. (Herman, H)

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GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP

GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP ROBERT A. GOODIN, State Bar No. 061302 ANNE HAYES HARTMAN, State Bar No. 184556 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Cross-Defendant Gary HALL, D.C.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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(No. 1:08-CV-01905-LJO-SMS)

Gary HALL, D.C., an individual; et al., Plaintiffs, v. LASER THERAPY PRODUCTS LLC, et al. Defendants. LASER THERAPY PRODUCTS LLC, Cross-Complainant, v. Gary HALL, D.C., et al., Cross-Defendants.

No. 1:08-CV-01905-LJO-SMS STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE Date: Time: Dept.: February 10, 2009 8:30 a.m. 7, Hon. Sandra M. Snyder

ATTORNEYS AT LAW

SAN FRANCISCO

STIPULATION WHEREAS, this matter was set for an initial mandatory scheduling conference when it was first removed to this Court from the Superior Court for the County of Stanislaus; WHEREAS, the mandatory scheduling conference is currently set for the date set

STIP AND PROPOSED ORDER TO CONTINUE MSC PDF created with pdfFactory trial version www.pdffactory.com

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GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP

2009, WHEREAS, Plaintiff and counter-defendant Dr. Gary Hall has also filed, in the alternative to the motion to remand, a motion to dismiss the counterclaim of defendant and counterclaimant Laser Therapy Products, LLC, which motion is also set for hearing of February 10, 2009; WHEREAS, defendant and counterclaimant Laser Therapy Products, LLC, has filed motions to transfer this action to the Middle District of Tennessee pursuant to 28 U.S.C. § 1404(a), and for judgment on the pleadings, which motions have also been set for hearing on February 10, 2009; WHEREAS, defendant J. Rod McGinnis has not yet appeared in this action, but is anticipated to soon do so; WHEREAS, resolution of the currently-pending motions may remove this action from the federal courts entirely, transfer it to a different district, and/or significantly alter the scope of the claims asserted; WHEREAS, the parties have met and conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure; and WHEREAS, the parties agree that it is in the interest of justice and judicial economy to continue the Mandatory Scheduling Conference until a date after resolution, or further development, on the currently pending motions; NOW THEREFORE, IT IS STIPULATED BETWEEN THE PARTIES HERETO, 1. Plaintiffs and defendants jointly request that the Mandatory Scheduling

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SAN FRANCISCO

ATTORNEYS AT LAW

Conference in this matter be continued to a date on or after March 10, 2009.

STIP AND PROPOSED ORDER -2TO CONTINUE MSC PDF created with pdfFactory trial version www.pdffactory.com

(No. 1:08-CV-01905-LJO-SMS)

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GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP

Dated: January 28, 2009

GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP

By/s/ Robert A. Goodin Robert A. Goodin Attorneys for Plaintiffs and Cross-Defendants Laser Therapy West, Inc., Kenn Alldrin, and Gary Hall, D.C. Dated: January 28, 2009 DOLL AMIR & ELEY LLP

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3370/001/X106392.v1
SAN FRANCISCO

By/s/ Hunter R. Eley (as authorized on 1/28/09) Hunter R. Eley Attorneys for Defendant and Counterclaimant Laser Therapy Products, LLC and Defendant J. Rod McGinnis, D.C. ORDER Upon the stipulation of the parties as set forth above, and good cause appearing, IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this matter is continued from February 10, 2009 to March 10, 2009, at 9:00 a.m. (not 8:30am), in Department 7 of the above-captioned court. Dated: January _29, 2009

ATTORNEYS AT LAW

/s/ Sandra M. Snyder SANDRA M. SNYDER U.S. Magistrate Judge

STIP AND PROPOSED ORDER -3TO CONTINUE MSC PDF created with pdfFactory trial version www.pdffactory.com

(No. 1:08-CV-01905-LJO-SMS)