Beauford v. E.W.H. Group, Inc. et al

Filing 12

STIPULATION to Continue Motion to Dismiss Complaint and ORDER resetting Dates.(FRCP 9(b), 12(b)(1), 12(b)6). signed by Chief Judge Anthony W. Ishii on 2/09/09. (Gil-Garcia, A)

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Ty Kharazi, Esq.; SBN 187894 Nancy D. Klepac, Esq.; SBN 253896 KHARAZI & SIRABIAN 1250 Fulton Mall, Suite 202 Fresno, CA 93721 Tel: [phone] Fax: [phone] Attorneys for Defendant, E.W .H. GROUP, INC. dba BAKERSFIELD MITSUBISHI

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DENISE BEAUFORD, ) ) Plaintiff, ) ) vs. ) ) ) E.W .H. GROUP INC. dba ) BAKERSFIELD MITSUBISHI, and ) DOES 1-50 inclusive ) ) Defendants. ) ) and related cross-actions ) ________________________________) Case No: 1:09-CV-00066-AWI State Case No.: S-1500-CV-263137 Kern County Superior Court STIPULATION TO CONTINUE MOTION TO DISMISS COMPLAINT AND ORDER RESETTING DATES. (FRCP 9(b), 12(b)(1), 12(b)6) Date : March 2, 2009 Time: 1:30 p.m. Dept: 2 Trial Date: Not yet assigned

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PARTIES HEREBY stipulate and respectfully request this court to continue the hearing on Defendant's motion to dismiss from March 02, 2009 to May 11, 2009 at 1:30 p.m. Parties also ask that the mandatory scheduling conference be continued to 30 days after May 11, 2009, should the one be necessary.

1 STIPULATION TO CONTINUE DEFENDANT'S MOTION TO DISMISS COMPLAINT AND ORDER THEREON

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Parties have agreed to engage in mediation and we believe the mediation should be completed by mid-April. Should the matter is not settled, then Plaintiff will have to file her opposition to the motion to dismiss as if May 11, 2009 were the original hearing date and all opposing and responsive papers shall be filed in accordance with that date. Inasmuch as either the mediation of motion to dismiss may dispose the matter, Parties respectfully request that the court continue the current joint scheduling conference to a date at least past thirty days after May 11, 2009.

IT IS SO STIPULATED.

Dated: _February 6 ,2009

________//s//__William Krieg_______________ W illiam Krieg, Esq. Attorney for Plaintiff DENISE BEAUFORD

Dated: February 5, 2009

___ //s//__H. Ty Kharazi________________ H. Ty Kharazi, Attorney for Defendant E.W.H. GROUP, INC. dba BAKERSFIELD MITSUBISHI

2 STIPULATION TO CONTINUE DEFENDANT'S MOTION TO DISMISS COMPLAINT AND ORDER THEREON

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ORDER Pursuant to the parties' stipulation, 1. 2. The March 2, 2009 hearing date before the undersigned is VACATED; Defendants' motion to dismiss is reset before the undersigned for May 11, 2009 at 1:30 p.m.; The Mandatory Scheduling Conference set for April 15, 2009 is VACATED; The Mandatory Scheduling Conference is reset for June 17, 2009 at 9:30 a.m. in Bakersfield, California before Magistrate Judge Theresa A. Goldner; and The parties shall submit their Joint Scheduling Conference Report to Magistrate Judge Goldner by June 10, 2009. IT IS SO ORDERED. Dated: 0m8i78 February 9, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

3 STIPULATION TO CONTINUE DEFENDANT'S MOTION TO DISMISS COMPLAINT AND ORDER THEREON