Kerr v. Delaware North Companies, Inc. et al

Filing 20

THIRD STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; ORDER signed by Chief Judge Lawrence J. O'Neill on February 27, 2017. (Munoz, I)

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JENNIFER KERR,
Plaintiff,

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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,

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CASE NO. 1:16-CV-01797-LJO-SAB
THIRD STIPULATION TO CONTINUE
HEARING ON MOTION TO DISMISS;
ORDER
Complaint Filed May 20, 2016
FAC Filed: October 25, 2016
Removed on: November 28, 2016

Defendants,

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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,

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

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following:

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1.

Defendants have filed a Motion to Dismiss, which was originally set to be heard

on January 19, 2017;
SECOND STIPULATION TO CONTINUE HEARING DATE; ORDER

1:16-cv-01797-LJO-SAB

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2.

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

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proper, and in order to resolve this jurisdictional issue prior to litigating the substance of this

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matter, the parties agreed to seek to continue the hearing on Defendants’ Motion to Dismiss;

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3.

To that end, the Parties filed a stipulation asking that the hearing on the Motion to

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Dismiss be continued from January 19, 2017 to February 27, 2017, which was granted by the

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Court;
4.

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issue is currently submitted to the Court for its determination;
5.

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Since Ms. Kerr’s motion to remand was taken under submission by the Court, the

parties requested, and the Court granted, a second continuance of the hearing on Defendants’
Motion to Dismiss, to March 20, 2017;
6.

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Ms. Kerr has since filed a Motion to Remand, which Defendants opposed. That

In order to avoid having to litigate the issue of Defendants’ Motion to Dismiss

before this Court decides Ms. Kerr’s remand motion, the Parties respectfully request a further
continuance of the hearing on Defendants’ Motion to Dismiss, to April 17, 2017 at 8:30 a.m., or
the first date after that on which the Court is available.

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It is so stipulated.
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Date: February 24, 2017

Date: February 24, 2017

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SEYFARTH SHAW LLP
Joshua A. Rodine
Bethany A. Vasquez

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

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By: S/Joshua A. Rodine
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

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

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ORDER

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BASED ON THE STIPULATION OF THE PARTIES and for Good Cause shown, the
hearing date on Defendants Delaware North Companies, Inc., DNC Parks and Resorts at
Yosemite, Inc., and Delaware North Companies Parks and Resorts, Inc.’s Motion to Dismiss,
currently set for hearing on March 20, 2017 is continued to April 17, 2017 at 8:30 a.m.

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The Court anticipates issuing a ruling on the pending motion to remand by the end of this
week.

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IT IS SO ORDERED.
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Dated:

February 27, 2017

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

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