Gagliolo v. Kaweah Manor, Inc., et al

Filing 25

ORDER DENYING JOINT STIPULATION TO CONTINUE THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS (FRCP 12(b)(6) AND MOTION TO STRIKE (FRCP 12(f)) AND CONTINUING THE BRIEFING SCHEDULE AND MANDATORY SCHEDULING CONFERENCE signed by Magistrate Judge Stanley A. Boone on 2/17/2021. IT IS HEREBY ORDERED: The joint request to continue the hearing on the motion to dismiss and motion to strike is DENIED. Any opposition to the motion to dismiss and motion to strike shall be filed on or before March 24, 2021. Any reply to the motion to dismiss and motion to strike shall be filed on or before March 31, 2021. The mandatory scheduling conference set for June 24, 2021 is CONTINUED to October 19, 2021, at 10:30 a.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Gonzales, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY GAGLIOLO,

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Case No. 1:20-cv-01719-NONE-SAB
Plaintiff,

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vs.

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KAWEAH MANOR INC., et al.,

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Defendants.

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ORDER DENYING JOINT STIPULATION TO
CONTINUE THE HEARING DATE ON
DEFENDANTS’ MOTION TO DISMISS (FRCP
12(b)(6) AND MOTION TO STRIKE (FRCP
12(f)) AND CONTINUING THE BRIEFING
SCHEDULE AND MANDATORY
SCHEDULING CONFERENCE
(ECF No. 24)

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On January 21, 2021, Gary Gagliolo (“Plaintiff”) filed a motion to remand this removal action

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to the state court. (ECF No. 14.) A hearing was set in the motion, but on January 25, 2021, an order

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issued informing the parties that no hearing would be calendared and the matter was to be decided on

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the papers. (ECF No. 15.) On February 1, 2021, Kaweah Manor, Inc. and Spruce Holdings, LLC

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(“Defendants”) filed a motion to dismiss and motion to strike that was set for a hearing before the

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magistrate judge. (ECF No. 17.) On February 2, 2021, an order was filed informing the parties that

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the matter would be decided by the district judge on the papers and without a hearing. (ECF No. 20.)

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Defendant filed an opposition to the motion to remand on February 9, 2021. (ECF No. 21.) On

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February 17, 2021, the parties filed a stipulation to continue the hearing date on the motion to dismiss

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and motion to strike. (ECF No. 24.)

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Although the parties seek to continue the hearing on the motion to dismiss, as advised in the

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February 2, 2021 order, no hearing is currently set. Accordingly, the request to continue the hearing is

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denied. However, to the extent that the parties seek to continue the briefing of the motion due to the

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technical issues raised in the stipulation, the Court shall amend the briefing schedule.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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The joint request to continue the hearing on the motion to dismiss and motion to strike
is DENIED;

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2.

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Any opposition to the motion to dismiss and motion to strike shall be filed on or before
March 24, 2021;

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3.

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Any reply to the motion to dismiss and motion to strike shall be filed on or before
March 31, 2021;

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4.

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The mandatory scheduling conference set for June 24, 2021 is CONTINUED to
October 19, 2021, at 10:30 a.m. in Courtroom 9; and

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5.

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The parties shall file a joint scheduling report seven (7) days prior to the scheduling
conference.

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IT IS SO ORDERED.

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Dated:

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February 17, 2021
UNITED STATES MAGISTRATE JUDGE

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