Eshagh v. Terminix International

Filing 14

STIPULATION and ORDER to Continue Hearing and Briefing Schedule on 11 Defendant's Motion to Dismiss signed by Judge Oliver W. Wanger on 5/11/2011. (Motion Hearing previously set for 5/23/2011 has been CONTINUED to 7/11/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)

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H. TIM HOFFMAN, SBN 49141
ARTHUR W. LAZEAR, SBN 83603
HOFFMAN & LAZEAR
180 Grand Avenue, Suite 1550
Oakland, CA 94612
Telephone: [phone]

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THOMAS F. CAMPBELL (pro hac vice pending)
D. KEIRON McGOWIN (pro hac vice pending)
CAMPBELL LAW
A PROFESSIONAL CORPORATION
100 Concourse Parkway, Suite 115
Birmingham, AL 35244
Telephone: [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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EDVARD ESHAGH, on behalf of himself
and all others similarly situated,
Plaintiff,

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vs.

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THE TERMINIX INTERNATIONAL
COMPANY LIMITED PARTNERSHIP, a
limited partnership; TERMINIX
INTERNATIONAL, INC., a corporation;

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Defendants.
___________________________________

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Case No. 1:11-cv-00222-OWW-DLB
[ASSIGNED TO: Hon. Oliver W. Wanger]
STIPULATION AND ORDER TO
CONTINUE HEARING AND BRIEFING
SCHEDULE ON DEFENDANT’S
MOTION TO DISMISS (DKT. NO. 11)
Complaint Filed: February 8, 2011

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WHEREAS, Defendants THE TERMINIX INTERNATIONAL COMPANY LIMITED

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PARTNERSHIP, a limited partnership; TERMINIX INTERNATIONAL, INC., a corporation

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(herein, “Defendants”) filed a motion to dismiss this action pursuant to Fed. R. Civ. Proc.

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12(b)(6) on April 7, 2011; and

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WHEREAS, the hearing on Defendants’ motion is currently scheduled for May 23, 2011;

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WHEREAS, the deadline for Plaintiff EDVARD ESHAGH (herein, “Plaintiff”) to file a

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responsive pleading is currently May 9, 2011; and
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Stipulation to Continue Hearing on Defendant’s
Motion to Dismiss

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Case No. 1:11-cv-00222-OWW-DLB

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WHEREAS, Plaintiff’s counsel has an unavoidable conflict in a previously scheduled
matter on May 23, 2011; and
WHEREAS, the parties have met and conferred and agree that the hearing on Defendant’s

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motion should be continued until July 11, 2011; and
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WHEREAS, the parties agree that the briefing scheduling should also be continued
according to the rescheduled hearing date;

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IT IS HEREBY STIPULATED AND AGREED, PURSUANT TO LOCAL

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RULE 143, that the Motion Hearing set for May 23, 2011, be continued to July 11, 2011, or

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another convenient date for the Court; and

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IT IS FURTHER STIPULATED AND AGREED that the parties will also continue the
briefing schedule for Plaintiff’s response and Defendant’s reply to correspond to the continued
date of the hearing and pursuant to Local Rule 230.

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Dated: May 10, 2011

HOFFMAN & LAZEAR

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By: __/s/ Chad A. Saunders________________
Chad A. Saunders
Attorneys for Plaintiff

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Dated: May 10, 2011

HINSHAW & CULBERTSON LLP

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By: __/s/ Christopher J. Borders____________
Christopher J. Borders
Attorneys for Defendants

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Stipulation to Continue Hearing on Defendant’s
Motion to Dismiss

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Case No. 1:11-cv-00222-OWW-DLB

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Order

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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IT IS SO ORDERED.

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Dated:

May 11, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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Stipulation to Continue Hearing on Defendant’s
Motion to Dismiss

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Case No. 1:11-cv-00222-OWW-DLB