Johnson v. Johnson

Filing 21

Joint Stipulation And Order To Continue Motion To Dismiss Hearing. The Motion Hearing is now set for March 11, 2016 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 1/23/2016. (Yu, L)

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Edward J. Johnson (SBN 234205)
Attorney at Law
5622 Heddon Court
Mariposa, CA 95338
559-760-7659
[e-mail]
Attorney in Pro Per

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD J. JOHNSON,

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Plaintiff,

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vs.

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GERALD JOHNSON,

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Defendant.

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Case No.: 1:15-CV-01793-MJS
JOINT STIPULATION AND ORDER TO
CONTINUE MOTION TO DISMISS
HEARING
Hearing Date: February 12, 2016
Time: 9:30 a.m.
Courtroom: 6
New Hearing Date: March 11, 2016
New Time: 9:30 am
Courtroom: 6
Honorable Michael J. Seng

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IT IS HEREBY STIPULATED that the parties to this litigation, by and through their

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respective attorneys of record, hereby stipulate and agree to continue the Motion to Dismiss

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present hearing date of February 12, 2016 to March 11, 2016, and to continue related dates for

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the filing of Opposition Papers and Reply correspondingly.

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Good cause for the request is shown by the following. A Motion to Dismiss was filed by

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Defendant on 12/7/15. On 12/9/16, Plaintiff’s Counsel informed Defendant’s Counsel that he

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would be unavailable for the ensuing twenty-five days due to a long-scheduled personal/familial

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holiday visit overseas. On 12/10/15, Plaintiff’s Counsel left the country for Australia, where

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access to the internet and phone service was unreliable and frequently unavailable. Plaintiff

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returned to California on 1/2/16. This period of absence included the year-end religious and New

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Year’s holidays. On 1/7/16, a Status Conference, advanced from 3/3/16, was conducted

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Plaintiff’s Request for Additional Time

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regarding Consent to Magistrate Jurisdiction. A Consent to Jurisdiction of U.S. Magistrate Judge

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was filed by Plaintiff on 1/12/16 (Defendant had already filed Consent prior to the Status

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Conference). Further, Plaintiff Counsel’s calendar is unusually heavy due to the recent holidays

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in that Counsel is an Independent Administrative Hearing Officer with over a dozen hearings

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calendared and noticed for hearing and written determination prior to the scheduled date for

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filing opposition papers to the Motion to Dismiss.

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Given that Plaintiff was unavailable for an extended period of time, the intervening

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holidays, the advanced Status Conference, and Plaintiff Counsel’s unusually heavy calendar, a

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continuation of an additional 28 days is reasonable. There is no genuine prejudice to any party

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resulting from the continuance.
IT IS FURTHER STIPULATED that this stipulation may be signed in counterparts.

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Dated: _____1/14/16_____

By:___/s/Edward Johnson______

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Edward J. Johnson
Plaintiff’s Attorney in Pro Per

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Dated:______1/20/16_____

By:___/s/Douglas Larsen_______

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Douglas M. Larsen
Attorney for Defendant

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ORDER
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Given the Joint Stipulation of the parties, and good cause appearing, IT IS ORDERED
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that the Motion to Dismiss Hearing currently set for February 12, 2016 be and hereby is
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continued to March 11, 2016, at 9:30 am in Courtroom 6 and that dates for the filing of
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opposition and reply papers be extended correspondingly.
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IT IS SO ORDERED.
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Dated:

January 23, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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Plaintiff’s Request for Additional Time

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Plaintiff’s Request for Additional Time