Department of Fair Employment and Housing et al v. Corrections Corporation of America

Filing 12

STIPULATION and ORDER -GRANTED. 7 MOTION to STRIKE currently set for 9/17/09 has been CONTINUED to 11/17/2009 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill signed by District Judge Lawrence J. O'Neill on August 27, 2009. (Lira, I)

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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 TIMOTHY M. MUSCAT (#148944) Chief Counsel DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 Telephone: (916) 478-7272 Facsimile: (916) 478-7331 Tim.Muscat@dfeh.ca.gov Attorneys for Plaintiff Department of Fair Employment and Housing UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION ) ) ) ) ) Plaintiff, ) vs. ) ) CORRECTIONS CORPORATION OF AMERICA, a California Corporation, and DOES ) ) 1 through 20, inclusive, ) ) Defendants. ------------------------------------------------------------ ) ) SHIRLEY DARLENE CHAPMAN, ) ) Real Party in Interest. ) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, an agency of the State of California, Case No. 1:09-CV-01388-LJO-DLB STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO STRIKE Date: Time: Dept.: Judge: Action Filed: Trial Date: September 17, 2009 8:30 a.m. Courtroom 4, Seventh Floor Hon. Lawrence J. O'Neill June 17, 2009 None Plaintiff, Department of Fair Employment and Housing ("Plaintiff"), by and through its undersigned counsel, and Defendant Corrections Corporation of America ("Defendant"), by and through its undersigned counsel, hereby stipulate as follows: WHEREAS, Defendant has filed a Motion to Strike portions of Plaintiff's complaint currently pending before this Court on September 17, 2009; -1DFEH v. Corrections Corporation of America (CHAPMAN): Stipulation and Order to Continue Hearing on Defendant's Motion to Strike COURT PAPER State of California Std. 113 Rev. 3-95 FE&H Automated 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 WHEREAS, Plaintiff intends to file a Motion to Remand this action to state court on the grounds of lack of subject matter jurisdiction and to notice a hearing on said motion for October 26, 2009; WHEREAS, the parties desire the Court to rule on Plaintiff's Motion to Remand prior to deciding any further substantive motions, such as Defendant's Motion to Strike; NOW THEREFORE, the parties to the above-captioned matter HEREBY STIPULATE as follows: The hearing on Defendant's Motion to Strike currently scheduled for September 17, 2009 is continued to November 17, 2009 at 8:30am. All opposition and reply papers shall be filed and served in accordance with local Rule 78-230. Dated: August 26, 2009 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING TIMOTHY M. MUSCAT Chief Counsel By: /s/ Timothy M. Muscat___________________ Timothy M. Muscat Attorneys for Plaintiff Dated: August 26, 2009 GLEASON & FAVAROTE, LLP PAUL M. GLEASON RICHARD Y. CHEN By: /s/ Richard Y. Chen (as authorized on 8/26/09) Richard Y. Chen Attorneys for Defendant IT IS SO ORDERED. Dated:__August 27, 2009___ ____/s/ Lawrence J. O'Neill___________ Lawrence J. O'Neill District Court Judge COURT PAPER State of California Std. 113 Rev. 3-95 FE&H Automated -2DFEH v. Corrections Corporation of America (CHAPMAN): Stipulation and Order to Continue Hearing on Defendant's Motion to Strike

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