Loye, et al. v. The United State of America

Filing 34

STIPULATION TO CONTINUE DEFENDANT UNITED STATES' MOTION TO DISMISS; ORDER signed by District Judge Lawrence J. O'Neill on September 29, 2011. The Court vacates the 10/11/2011 hearing date. (Munoz, I)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SUSAN LOYE and KENNETH LOYE,

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Plaintiffs,
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v.
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THE UNITED STATES OF AMERICA,
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Defendant.
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____________________________________)

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1:10-cv-01581-LJO-GSA
STIPULATION TO CONTINUE
DEFENDANT UNITED STATES’
MOTION TO DISMISS; ORDER

Plaintiffs Susan Loye and Kenneth Loye (“Plaintiffs”) and Defendant United States of

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America (“Defendant”), stipulate to continue the hearing on Defendant’s Motion to Dismiss

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currently set for October 11, 2011 at 8:30 a.m. to October 18, 2011 at 8:30 a.m. as specifically set

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forth below.

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The parties base this stipulation on good cause as the United States seeks an additional

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week to respond to the issues in the Opposition. No other dates in this action are affected by this

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brief extension of the hearing.

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For the reasons set forth herein, the parties therefore stipulate and agree to continue the

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hearing on Defendant’s Motion to Dismiss as specified below. The parties request the court

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endorse this stipulation by way of formal order.

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STIPULATION TO CONTINUE DEFENDANT UNITED STATES'
M OTION TO DISM ISS; [PROPOSED] ORDER

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Old Date
Hearing on Motion to
Dismiss

New Date

October 11, 2011

October 18, 2011
@8:30 a.m.

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Respectfully submitted,
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Dated: September 29, 2011

Dated: September 29, 2011

BENJAMIN B. WAGNER
United States Attorney

WALKUP, MELODIA, KELLY &
SCHOENBERGER

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(As authorized 09/29/11)

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/s/Alyson A. Berg
ALYSON A.BERG
Attorneys for Defendant
United States of America

/s/Douglas S. Saeltzer
DOUGLAS S. SAELTZER
Attorneys for Plaintiffs

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ORDER
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Pursuant to its practice, this Court will consider the Government’s motion to dismiss on
the record without a hearing. As such, this Court VACATES the October 11, 2011 hearing and
ORDERS the Government, no later than October 11, 2011, to file and serve reply papers which
only respond to matters existing in the pending record. This Court will not consider matters first
raised in the reply papers and limits the Government’s reply points and authorities to 10 pages.IT
IS SO ORDERED.

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66h44dDated:

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September 29, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE DEFENDANT UNITED STATES'
M OTION TO DISM ISS; [PROPOSED] ORDER