Cloud v. Van Ness et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/11/2014 ORDERING 19 that the due date for the Joint Status Report be CONTINUED 30 days after issuance of the Court' ruling on the motion to dismiss. 8 (Reader, L)

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GREGORY F. DYER, SBN 114486
STEVEN A. SCORDALAKIS, SBN 293212
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Telephone: [phone]
Facsimile: 916-442-5959

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Attorneys for Plaintiff
Kristine Cloud as Trustee
of the Dorothy I. Gavle Revocable Trust

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KRISTINE CLOUD AS TRUSTEE
OF THE DOROTHY I. GAVLE
REVOCABLE TRUST,

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Plaintiff,
vs.
DARYL VAN NESS, ROUND PRAIRIE
LUTHERAN CHURCH and DOES 1-100,

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Defendants.

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Case No. 2:14-cv-02308-TLN-AC
STIPULATION AND ORDER TO
CONTINUE DUE DATE OF JOINT
STATUS REPORT

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Plaintiff Kristine Cloud, as trustee of the Dorothy I. Gavle Revocable Trust, defendant

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Daryl Van Ness and specially appearing defendant Round Prairie Lutheran Church (the

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“Church”), by and through their counsel, hereby stipulate and agree as follows:

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1. Plaintiff filed the instant action on October 2, 2014;

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2. On October 3, 2014, the Court issued its Order Requiring Joint Status Report

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(“Order””). Pursuant to the Order, a Joint Status Report is currently due on or

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before Friday, December 12, 2014;

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3. On November 21, 2014, the Church filed a motion to dismiss the complaint against
it pursuant to Federal Rule of Civil Procedure 12(b)(2) on the basis of lack of
personal jurisdiction and Federal Rule of Civil Procedure 12(b)(3) on the basis of
STIPULATION AND ORDER TO CONTINUE DUE DATE OF JOINT STATUS REPORT

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improper venue (the “Motion”);
4. The Church does not submit, and is not submitting, to the jurisdiction of this Court
through signing this stipulation and is only specially appearing to continue the due
date of the Joint Status Report so as to avoid irreparable harm in having to litigate

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this action. This stipulation shall not be construed as a waiver of the Church’s right
to contest personal jurisdiction or a waiver of the Motion itself;

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5. The Motion is set for hearing on January 29, 2015;

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6. All parties agree that the requested continuance of the due date of the Joint Status

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Report will not result in prejudice to any party to this action; and
7. That the Court, therefore, continue the due date for filing the Joint Status Report
until 30 days after issuance of the Court’s ruling on the Motion.

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NOW THEREFORE, the parties stipulate that the due date for the Joint Status Report
be continued to 30 days after issuance of the Court’s ruling on the Motion.
IT IS SO STIPULATED.

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DATED: December 9, 2014

JONES & DYER

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By:__/s/ Steven A. Scordalakis
GREGORY F. DYER
STEVEN A. SCORDALAKIS
Attorneys for Plaintiff
Kristine Cloud as Trustee of the
Dorothy I. Gavle Revocable Trust

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DATED: December _9, 2014

NORMAN ROOS LLP
By: /s/ Jan M. Roos_______
JAN M. ROOS
Attorney for Defendant Daryl Van Ness

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STIPULATION AND ORDER TO CONTINUE DUE DATE OF JOINT STATUS REPORT

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DATED: December _9, 2014

WEINTRAUB TOBIN CHEDIAK
COLEMAN GRODIN law corporation

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BY:/s/ Shauna N. Correia________
EDWARD J. COREY
SHAUNA N. CORREIA
Attorneys for Specially Appearing
Defendant Round Prairie Lutheran
Church

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ORDER
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IT IS SO ORDERED.
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Dated: December 11, 2014

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO CONTINUE DUE DATE OF JOINT STATUS REPORT