Tulare District Healthcare System v. The Dow Chemical Company et al

Filing 10

ORDER Regarding Ex Parte Application for an Order Shortening Time for Hearing on Motion for Leave to File an Amended Complaint and for Remand to Tulare County Superior Court signed by Magistrate Judge Dennis L. Beck on 1/5/2010. IT IS HEREBY ORDERED THAT: The hearing on Plaintiffs Motion for Leave to File an Amended Complaint and for Remand to Tulare County Superior Court will proceed on shortened notice on January 22, 2010, at 9:00 a.m. in Courtroom #9 before Magistrate Judge Dennis L. Beck. (Bradley, A)

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

J. SCOTT ALEXANDER, SBN 190034 LISA D. NICOLLS, SBN 234376 MURPHY AUSTIN ADAMS SCHOENFELD LLP 304 "S" Street (95811-6906) Post Office Box 1319 Sacramento, California 95812-1319 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff TULARE DISTRICT HEALTHCARE SYSTEM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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ATTORNE Y S AT L A W

TULARE DISTRICT HEALTH CARE SYSTEM, Plaintiff, v. THE DOW CHEMICAL COMPANY, a Delaware corporation, DOW ROOFING SYSTEMS, LLC, a limited liability company, f/k/a and as successor in interest to JPS ELASTOMERICS CORPORATION dba STEVENS ROOFING SYSTEMS, a Delaware corporation, and DOES 1 through 100, inclusive, Defendants.

Case No. 1:09-cv-2206-AWI-DLB [PROPOSED] ORDER REGARDING EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR HEARING ON MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND FOR REMAND TO TULARE COUNTY SUPERIOR COURT Magistrate Judge: Dennis L. Beck

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On January 4, 2010, Plaintiff TULARE DISTRICT HEALTHCARE SYSTEM ("Plaintiff" or the "District") filed an Ex Parte Application for an Order Shortening Time for Hearing on Motion for Leave to File an Amended Complaint and for Remand to Tulare County Superior Court. Having read and considered Plaintiff's Ex Parte Application for an Order Shortening Time for Hearing on Motion for Leave to File an Amended Complaint and for Remand to Tulare County Superior Court and having learned in a telephone conference with counsel for the Plaintiff -13452.001-863067.1

[PROPOSED] ORDER REGARDING EX PARTE APPLICATION, CASE NO. 1:09-cv-02206-AWI-DLB

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

and for the Defendants that Defendants agree to shorten time, the Court finds good cause for the Application. THEREFORE, IT IS HEREBY ORDERED THAT: (1) The hearing on Plaintiff's Motion for Leave to File an Amended Complaint and

for Remand to Tulare County Superior Court will proceed on shortened notice on January 22, 2010, at 9:00 a.m. in Courtroom #9 of the above-referenced Court. (2) mail. (3) THE DOW CHEMICAL COMPANY's and/or DOW ROOFING SYSTEMS, The District shall immediately serve its motion on all parties by facsimile or e-

LLC's opposition papers to the District's Motion, if any, shall be filed and served no later than January 14, 2010, and shall be served on all parties by facsimile or e-mail; the District's reply papers, if any, shall be filed and served no later than January 19, 2010, and shall be served on all parties by facsimile or e-mail. IT IS SO ORDERED. Dated:
DEAC_Signatu re -END:

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ATTORNE Y S AT L A W

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January 5, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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3452.001-863067.1

[PROPOSED] ORDER REGARDING EX PARTE APPLICATION, CASE NO. 1:09-cv-02206-AWI-DLB