Kerr v. Delaware North Companies, Inc. et al

Filing 13

STIPULATION and ORDER to Continue the 7 MOTION to DISMISS Hearing currenlty set for 1/19/2017 to 2/27/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill, signed by Chief Judge Lawrence J. O'Neill on 12/29/2016. (Kusamura, W)

1
2
3
4
5
6
7
8
9
10

ERIC J. RATINOFF, SBN 166204
[e-mail]
MADISON M. SIMMONS, SBN 292185
[e-mail]
ERIC RATINOFF LAW CORP.
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
RUSSELL G. PETTI, State Bar No. 137160
THE LAW OFFICES OF RUSSELL G. PETTI
466 Foothill Blvd., # 389
La Canada, California 91011
818 952-2168Telephone
818 952-2186 Facsimile
Email: [e-mail]
Attorneys for Plaintiff
JENNIFER KERR

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

JENNIFER KERR,
Plaintiff,

15
16
17
18
19
20

CASE NO. 1:16-CV-01797-LJO-SAB
STIPULATION TO CONTINUE HEARING
ON MOTION TO DISMISS; ORDER

v.
DELAWARE NORTH COMPANIES,
INC.; DNC PARKS AND RESORTS AT
YOSEMITE, INC.; DELAWARE NORTH
COMPANIES PARKS AND RESORTS,
INC.; KATHY STEVENSON, KARL
VONDERLUFT, NICKIE RAY JENSON,
JESSIE MERRILL, and DOES 1 through
75, inclusive,

21

Complaint Filed May 20, 2016
FAC Filed: October 25, 2016
Removed on: November 28, 2016

Defendants,

22
23
24

Plaintiff Jennifer Kerr (“Ms. Kerr”) and Defendants Delaware North Companies, Inc.,
DNC Parks and Resorts at Yosemite, Inc., and Delaware North Companies Parks and Resorts,

25

Inc. (“Defendants”), by and through their respective counsel of record, hereby stipulate to the

26

following:

27

1.

28

January 19, 2017;

Defendants have filed a Motion to Dismiss, which is currently set to be heard on

STIPULATION TO CONTINUE HEARING DATE; ORDER

1:16-cv-01797-LJO-SAB

1

2.

Ms. Kerr disputes that Defendants’ removal of this action to federal court was

2

proper, and intends to file a Motion to Remand on or before December 28, 2016. She intends to

3

set her Motion for hearing on Monday, January 30, 2017, presuming that hearing date is available

4

and acceptable to the Court;

5

3.

The parties agree that the issue of whether this case is properly before this Court

6

should be resolved before Defendants’ Motion to Dismiss is briefed and decided. As such, the

7

Parties respectfully request the Court to continue the hearing on Defendants’ Motion Dismiss to

8

February 27, 2017 at 8:30 a.m., or the first date after that on which the Court is available.
It is so stipulated.

9
10
11
12

Date: December 26, 2016

Date: December 26, 2016

SEYFARTH SHAW LLP
Joshua A. Rodine
Bethany A. Vasquez

ERIC RATINOFF LAW CORP.
Eric J. Ratinoff
Madison M. Simmons

13
14
15
16

By: S/Bethany A. Vasquez
Counsel for Defendants Delaware North
Companies, Inc., DNC Parks & Resorts at
Yosemite, Inc., and Delaware North
Companies Parks and Resorts, Inc.

LAW OFFICES OF RUSSELL G. PETTI
Russell G. Petti
By: S/Russell G. Petti
Counsel for Plaintiff Jennifer Kerr

17
ORDER

18
19

BASED ON THE STIPULATION OF THE PARTIES and for Good Cause shown, the

20

hearing date on Defendants Delaware North Companies, Inc., DNC Parks and Resorts at

21

Yosemite, Inc., and Delaware North Companies Parks and Resorts, Inc.’s Motion to Dismiss,

22

currently set for hearing on January 19, 2016 is continued until February 27, 2017 at 8:30 a.m.

23

IT IS SO ORDERED.

24
25

Dated:

December 29, 2016

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

26
27
28
STIPULATION TO CONTINUE HEARING DATE; ORDER
1:16-cv-01797-LJO-SAB