Video Gaming Technologies, Inc. et al v. Bureau of Gambling Control, et al.,

Filing 168

STIPULATION and ORDER signed by Judge John A. Mendez on 1/16/09: 166 MOTION to DISMISS; 165 MOTION to DISMISS and 164 MOTION to DISMISS Hearing RESET for 4/22/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez.(Kaminski, H)

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EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Supervising Deputy Attorney General WILLIAM L. WILLIAMS, JR. Deputy Attorney General State Bar No. 99581 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

VIDEO GAMING TECHNOLOGIES, INC., dba VGT, Inc., a Tennessee Corporation, et al.,

2:08-CV-01241-JAM-EFB

v.

STIPULATION AND ORDER FOR Plaintiffs, CONTINUANCE OF HEARING ON DEFENDANTS' MOTIONS TO DISMISS CLAIMS

BUREAU OF GAMBLING CONTROL, a law enforcement division of the California Department of Justice, et al., Defendants. Date: February 11, 2009 Time: 9:00 a.m. Courtroom: 6 Judge The Honorable John A. Mendez Trial Date Action Filed: June 4, 2008

CAPITAL BINGO, INC., a California corporation, et al., and EL CAMINO ATHLETIC BOOSTERS CLUB, a California non-profit corporation, Intervenors.

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Stipulation and Order For Continuance (2:08-CV-01241-FCD-EFB)

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Currently, Defendants' motions to dismiss the three amended complaints of Plaintiffs United Cerebral Palsy of Greater Sacramento, WIND Youth Services, Robert Foss, and Joan Sebastiani; Intervenors Capital Bingo, Inc., Haggin Grant Post No. 521, the American Legion, Department of California, Casa Robles High School Ramsmen, Inc., and Mary Brown; and Intervenor El Camino Athletic Boosters Club, LLC, are set to be heard before this Court on February 11, 2009, at 9:00 a.m. On January 6, 2009, the docket of the Ninth Circuit Court of Appeals reflected that the pending appeal from the issuance of the preliminary injunction in the within matter was set for oral argument on March 10, 2009, and this was telephonically confirmed with the Ninth Circuit Clerk. As the decision on the appeal may be dispositive of some or all of the issues raised in the motions to dismiss, and will, in any event, be of assistance to this Court and the parties in addressing the issues raised in the pending motions to dismiss, the parties have agreed that a continuance of the hearing on the three motions to dismiss until a reasonable time after completion of oral argument on the appeal will serve the purposes of judicial economy in the prosecution and defense of this case. IT IS THEREFORE STIPULATED that the hearing on the above-referenced three motions to dismiss be continued to April 22, 2009, at 9:00 a.m. IT IS SO STIPULATED. Dated: January 15, 2009 EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Supervising Deputy Attorney General /s/ WILLIAM L. WILLIAMS, JR. WILLIAM L. WILLIAMS, JR. Deputy Attorney General Attorneys for Defendants Dated: January 15, 2009 NOSSAMAN LLP /S/ GEOFFREY A. GOODMAN GEOFFREY A. GOODMAN Attorneys for Intervenors 2
Stipulation and Order For Continuance (2:08-CV-01241-FCD-EFB)

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Dated: January 15, 2009

STEVENS & O'CONNELL LLP /s/ ALEXANDER M. MEDINA ALEXANDER M. MEDINA Attorneys for Plaintiffs

Dated: January 15, 2009

LAW OFFICES OF K. GREG PETERSON /s/ K. GREG PETERSON K. GREG PETERSON Attorneys for Intervenors

ORDER Based upon the above stipulation of the parties and for good cause shown, the hearing on Defendants' three motions to dismiss the claims in the within action is continued to April 22, 2009, at 9:00 a.m. Dated: January 16, 2009 /s/ John A. Mendez HONORABLE JOHN A. MENDEZ

SA2008302923 30593070.doc

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Stipulation and Order For Continuance (2:08-CV-01241-FCD-EFB)

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