Harvel v. Owens Healthcare - Retail Pharmacy, Inc.

Filing 34

STIPULATION AND ORDER signed by Judge John A. Mendez on 10/27/09 ORDERING that hearing date on Defendant's MOTION to DISMISS 16 is CONTINUED from 11/4/09 to 1/6/2010 at 09:00 AM. The Court grants a continuance of the date by which Defendant must respond to Plaintiffs' Amended Complaint, currently set for 10/30/09, to 1/06/10.(Mena-Sanchez, L)

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JACKSON LEWIS LLP RENÉ E. THORNE (LA SBN 22875) JASON M. STEIN (LA SBN 30073) 650 Poydras Street, Suite 1900 New Orleans, LA 70130 Telephone: [phone] Facsimile: [phone] BRENDAN J. BEGLEY (SBN 202563) 801 "K" Street, Suite 2300 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, OWENS HEALTHCARE-RETAIL PHARMACY, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION

LISA LYNN HARVEL, on behalf of herself, all Case No. 2:09-cv-01249-JAM-GGH others similarly situated and the general public, STIPULATION FOR CONTINUANCE Plaintiff, OF HEARING DATE AND DATE FOR OWENS TO RESPOND TO AMENDED v. COMPLAINT OWENS HEALTHCARE-RETAIL PHARMACY, INC., a California corporation, Complaint Filed: 5/6/09 and as TRUSTEE OF THE OWENS Trial Date: None HEALTHCARE-RETAIL PHARMACY, INC. EMPLOYEE BENEFIT PLAN, and DOES 1-50, inclusive, Defendants. Pursuant to Local Rule 78-230(g), Plaintiff LISA LYNN HARVEL ("Plaintiff"), individually and behalf of all others similarly situated, and Defendant, OWENS HEALTHCARE-RETAIL PHARMACY, INC. ("Defendant"), by and through their counsel of record, request that this Court grant a continuance of the hearing on Defendant's Motion to Dismiss currently set for November 4, 2009 to January 6, 2010 at 9:00 AM. In addition, the parties request that this Court grant a continuance of the date by which Defendant must respond to Plaintiffs' Amended Complaint, currently set for October 30, 2009, to January 6,
Stipulation For Continuance of Hearing Date and Date for Owens to Respond to Amended Complaint

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Case No. 2:09-cv-01249 JAM-GGH

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2010.

This request for continuance is to allow the parties time to finalize a settlement

agreement that will result in resolution of Plaintiff's claims and obviate the need for Defendant's motion to dismiss to be heard and Defendant to respond to Plaintiff's Amended Complaint. IT IS SO STIPULATED. Dated: October 27, 2009. THIERMAN LAW FIRM, PC By: /s/Mark R. Thierman MARK R. THIERMAN Attorney for Plaintiff LISA LYNN HARVEL Dated: October 27, 2009. JACKSON LEWIS LLP By: /s/Jason M. Stein RENÉ E. THORNE (LA SBN 22875) JASON M. STEIN (LA SBN 30073) Jackson Lewis LLP 650 Poydras Street, Suite 1900 New Orleans, LA 70130 Telephone: [phone] Facsimile: [phone] BRENDAN J. BEGLEY (SBN 202563) 801 "K" Street, Suite 2300 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant OWENS HEALTHCARE-RETAIL PHARMACY, INC.

Stipulation For Continuance of Hearing Date and Date for Owens to Respond to Amended Complaint

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Case No. 2:09-cv-01249 JAM-GGH

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Stipulation For Continuance of Hearing Date and Date for Owens to Respond to Amended Complaint

ORDER Based upon the stipulation of the parties, and good reason appearing, IT IS SO ORDERED. DATED: October 27, 2009 /s/ John A. Mendez___________________ THE HONORABLE JOHN A. MENDEZ

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Case No. 2:09-cv-01249 JAM-GGH

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