Verma, et al. v. Okev, et al.

Filing 17

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 7/26/2013 ORDERING 16 Motion Hearing on motions to dismiss, 14 , 15 Reset for 9/5/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.; Oppositions due by 8/22/2013, and replies on or before 8/29/2013. (Reader, L)

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1 2 3 4 5 6 8 9 ATTORNEYS AT LAW 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 7 10 11 SETH J. SCHWARTZ (State Bar No. 103357) DENISE J. SERRA (State Bar No. 80602) MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 1211 Newell Avenue Walnut Creek, CA 94596 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 STIMMEL, STIMMEL & SMITH A Professional Corporation LEE D. STIMMEL, ESQ. (State Bar No. 58405) e-mail: lstimmel@stimmel-law.com 155 Montgomery Street, 12th Floor San Francisco, California 94104-3973 Telephone: (415) 392-2018 Facsimile: (415) 391-2124 Attorneys for Plaintiffs KRISTI VERMA, VISHAL VERMA and ZENTEK CORPORATION 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 KRISTI VERMA, VISHAL VERMA AND ZENTEK CORPORATION, a California Corporation, 17 18 19 Plaintiffs, vs. 20 EFRAT OKEV, LLOYD BURTON AND AUGZENTA, INC., a Missouri Corporation, and; DOES 1-50, inclusive, 21 Case No. 2:13-CV-00865-MCE-EFB STIPULATION AND ORDER TO CONTINUE HEARINGS ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND ESTABLISHING BRIEFING SCHEDULE THEREON Defendants. 22 23 24 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and 25 Defendants to continue the date of hearing on Defendants’ Motion to Dismiss Plaintiffs’ 26 Complaint For Failure To State A Claim For Relief and Motion To Dismiss For Lack of Personal 27 Jurisdiction, and to establish a briefing schedule as follows: 28 WHEREAS on or about July 4, 2013, plaintiffs filed their Motion to Dismiss Plaintiffs’ STIPULATION AND ORDER TO CONTINUE HEARING ON MOTIONS TO DISMISS AND SETTING BRIEFING SCHEDULE CASE NO. 2:13-CV-00865-MCE-EFB 1 Complaint For Failure to State A Claim For Relief and Motion To Dismiss For Lack of Personal 2 Jurisdiction, setting the hearing on said motions for August 8, 2013; 3 WHEREAS, plaintiffs have requested defendants agree to continue said motions to a 4 future date and to stipulate to allowing defendants additional time to prepare their oppositions to 5 said motions, and whereas defendants are agreeable to continuing the hearings and allowing 6 plaintiffs additional time to prepare their oppositions; WHEREAS no prior continuances have been requested or given; 8 WHEREAS, the court clerk has been notified of the desire of the parties to this action to 9 ATTORNEYS AT LAW 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 7 continue said hearings to September 5, 2013, and states that said date is available for the Court to 10 11 12 hear said motion should the Court so order; WHEREAS, the Parties agree to continue the hearings on said motions to September 5, 2013, and to a new briefing schedule based upon the new hearing date; 13 IT IS HEREBY STIPULATED AND AGREED, by and between the Parties to continue 14 the hearings on Plaintiffs’ Motion to Dismiss Plaintiffs’ Complaint For Failure To State A Claim 15 For Relief and Motion To Dismiss For Lack of Personal Jurisdiction to September 5, 2013, that 16 Plaintiffs shall file their Oppositions to the Motions to Dismiss Plaintiffs’ Complaint For Failure 17 to State A Claim For Relief And Motion To Dismiss For Lack of Personal Jurisdiction on or 18 before due on August 22, 2013, and that Defendants shall file their Replies to said Motions on or 19 before August 29, 2013. 20 21 22 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD: Dated: June 24, 2013 MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 23 24 25 26 By: Seth J. Schwartz Denise J. Serra Attorneys for Plaintiffs Kristi Verma, Vishal Verma, and Zentek Corporation 27 28 STIPULATION AND ORDER TO CONTINUE HEARINGS ON MOTION TO DISMISS AND SETTING BRIEFING SCHEDULE CASE NO. 2:13-CV-00865-MCE-EFB 2 1 Dated: June 24, 2013 STIMMEL, STIMMEL & SMITH, P.C. 2 3 By: 4 5 6 Dated: June 24, 2013 /s/ Lee D. Stimmel Lee D. Stimmel Attorneys for Plaintiffs Kristi Verma, Vishal Verma, and Zentek Corporation PFEIFFER THIGPEN FITZGIBBON & ZIONTZ LLP 8 By: 9 ATTORNEYS AT LAW 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 7 10 11 /s/ Thomas N. FitzGibbon Thomas N. FitzGibbon Attorneys for Defendants Efrat Okev, Lloyd Burton and Augzenta, Inc. ORDER 12 Pursuant to the parties’ stipulation and good cause appearing, IT IS HEREBY 13 ORDERED that the hearing on Defendants’ Motion to Dismiss Plaintiffs’ Complaint For Failure 14 to State A Claim For Relief (ECF No. 14) and Motion To Dismiss For Lack of Personal 15 Jurisdiction (ECF No. 15), is continued from August 8, 2013, to September 5, 2013, at 2:00 p.m. 16 in Courtroom 7. 17 IT IS FURTHER ORDERED that the briefing schedule shall be as follows: Plaintiffs 18 shall file their Oppositions to the Motions to Dismiss Plaintiffs’ Complaint For Failure to State A 19 Claim For Relief And Motion To Dismiss For Lack of Personal Jurisdiction on or before August 20 22, 2013. Defendants shall file their Replies to said Motions on or before August 29, 2013. 21 Dated: July 26, 2013 22 23 24 25 26 27 28 STIPULATION AND ORDER TO CONTINUE HEARINGS ON MOTION TO DISMISS AND SETTING BRIEFING SCHEDULE CASE NO. 2:13-CV-00865-MCE-EFB 3

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