Carr v. Asset Acceptance LLC et al

Filing 11

STIPULATION and ORDER Extending Time and VACATING Hearing on Motion signed by District Judge Lawrence J. O'Neill on 7/15/2011. Plaintiff's Opposition to Motion to Strike due by 8/8/2011; Defendants' Reply due by 8/15/2011. (Sant Agata, S)

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Rick D. Banks, Esq. (No. 207240)
Law Office of Rick D. Banks
776 East Shaw Avenue, Suite 206
Fresno, California 93710
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff,
JEAN CARR

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JEAN CARR
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Plaintiff
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v.,
ASSET ACCEPTANCE, LLC, FULTON,
FRIEDMAN, & GULLACE, LLP, a
New York Limited Liability Partnership;
ANN K. MERRILL, a California attorney,
DOES 1 THROUGH 10,

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Defendants.
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Case No. 1:11-CV-00890-LJO-GSA
STIPULATION AND ORDER
EXTENDING TIME (L.R. 144) AND
CONTINUING HEARING ON MOTION
(L.R. 230); DECLARATION OF RICK D.
BANKS

It is hereby stipulated by the parties through their respective counsel that Defendants’
Motion To Strike State Law Claims Pursuant To CCP § 425.16 (“Motion,”) currently scheduled

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to heard at 8:30 a.m. on August 1, 2011, shall be continued to 8:30 a.m., on August 22, 2011, in
Courtroom 4.
By continuing the hearing on the Motion, the requirement that the Motion be heard not
less than twenty-eight (28) days after service and filing of the Motion will then not be in
compliance with Rule 230(b). Thus, it is further stipulated that the parties are not waiving their

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right to have the Motion heard, or to file an Opposition and/or a Reply at a later date. The dates

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STIPULATION CONTINUING HEARING AND EXTENDING TIME

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to file and serve an Opposition and/or Reply pursuant to Local Rule 230(c) & (d), shall be based
on the continued date of August 22, 2011.

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There have been no prior continuances or extensions obtained as to this particular matter.
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Dated:

July 14, 2011

/s/ Rick D. Banks
Rick D. Banks, Attorney for Plaintiff

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/s/ June D. Cole as authorized on
07/14/2011
Dated:

2011

____________________________________
June D. Coleman, Attorney for Defendants

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ORDER

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Based on the parties’ stipulation, this Court:

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1.

VACATES the August 1, 2011 hearing on defendants’ motion to strike pursuant to

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California Code of Civil Procedure section 425.16;

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2.

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ORDERS plaintiff, no later than August 8, 2011, to file opposition papers to the
motion to strike; and

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3.

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ORDERS defendants, no later than August 15, 2011, to file reply papers for their
motion to strike.

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Pursuant to its practice, this Court will consider defendants’ motion to strike on the record without

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a hearing. See Local Rule 230(g). As such, this Court sets no hearing on the motion to strike.

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IT IS SO ORDERED.

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Dated:
66h44d

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July 15, 2011

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

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STIPULATION CONTINUING HEARING AND EXTENDING TIME