Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.

Filing 22

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13, ORDERING hearing on 19 Motion to Dismiss pursuant to FRCP 12(b)(6) RESET for 6/27/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Plaintiffs' opposition due by 6/13/2013. A reply, if any, is due not later than 7 days before the 6/27/13 hearing date. (Meuleman, A)

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Paul W. Tozer, SBN 088810
Thomas W. Barth, SBN 154075

BARTH TOZER & DALY LLP
431 "I" Street, Suite 201
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants
HYNES AVIATION INDUSTRIES,
INC. dba HYNES AVIATION
SERVICES, an Oklahoma corporation;
HYNES CHILDREN TF LIMITED, a business entity,
form unknown; and MICHAEL K. HYNES, an
individual.

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UNITED STATES DISTRICT COURT

B ARTH T OZER & D ALY

LLP
ATTORNEYS AT LAW
SACRAM ENTO, CALIFORNIA

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO E.D.M., INC., a California
corporation; DAN FOLK, an individual,
Plaintiffs,
v.
HYNES AVIATION INDUSTRIES, INC.
dba HYNES AVIATION SERVICES, an
Oklahoma corporation; HYNES
CHILDREN TF LIMITED, a business
entity, form unknown; MICHAEL K.
HYNES, an individual; and DOES 1
through 50, inclusive,

Case No. 2:13-CV-00288-MCE-KJN
STIPULATION AND ORDER TO CHANGE
DATE OF HEARING ON DEFENDANTS’
RULE 12(b)(6) MOTION TO DISMISS

Date:
Time:
Dept:

June 13, 2013
2:00 p.m.
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Defendants.
TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The parties hereby agree and stipulate through their counsel of record that the

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hearing on defendants’ motion to dismiss currently set for hearing on June 13, 2013 be moved

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fourteen days to June 27, 2013. The parties further stipulate and agree the briefing deadlines will

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be extended fourteen days commensurate with the new hearing date and applicable Federal Rules

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of Civil Procedure.

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In recent communication between counsel it was commentated and suggested the

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hearing date might need to be changed due to personal matters involving defendant counsel which

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arose after the hearing date of June 13, 2013 was set. As a result and relying on this

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communication counsel for plaintiff has had insufficient opportunity to properly research and

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prepare opposition to the pending matter. Accordingly the parties stipulate to a continuance of

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the motion and relevant briefing dates for two weeks or as otherwise convenient to the court.

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Dated: May 30, 2013.

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Respectfully submitted,

BARTH TOZER & DALY LLP

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By

/s/
PAUL W. TOZER
Attorneys for HYNES AVIATION INDUSTRIES, INC.

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B ARTH T OZER & T IMM

LLP
ATTORNEYS AT LAW
SACRAM ENTO, CALIFORNIA

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THE LAW OFFICE OF BOWMAN & ASSOCIATES

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Dated: May 29, 2013.

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By

/s/
SEAN GAVIN
Attorneys for SACRAMENTO E.D.M., INC. AND DAN
FOLK

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ORDER
Good cause showing and the parties having stipulated to moving hearing date and

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date for opposition to motion the hearing date is moved to June 27, 2013. Plaintiffs’ opposition

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shall be filed on or before June 13, 2013. A reply, if any, is due not later than 7 days before the

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June 27, 2013 hearing date.

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IT IS SO ORDERED.
DATED: June 5, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT