Bailey v. MacFarland et al

Filing 46

STIPULATION and ORDER 45 signed by District Judge Troy L. Nunley on 11/28/2018 ORDERING the Hearing on Defendant's Motions to Dismiss (ECF Nos. 38 and 39 ) CONTINUED to 1/10/2019 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Krueger, M)

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KNOX, LEMMON & ANAPOLSKY, LLP
THOMAS S. KNOX (SBN 073384)
2339 Gold Meadow Way, Suite 205
Gold River, CA 95670
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
THE PUBLIC GROUP, LLC,
a Utah limited liability company

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KNOX, LEMMON & ANAPOLSKY, LLP
2339 GOLD MEADOW WAY, SUITE 205, GOLD RIVER, CA 95670
TELE: [phone] FAX: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE L. BAILEY
Plaintiff,

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v.

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MICHAEL J. MacFARLAND,
and THE PUBLIC GROUP, a Utah
Limited Liability Company; and DOES 120, inclusive,

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CASE NO. 2:15-CV-01725-TLN-DB

STIPULATION AND ORDER
EXTENDING TIME FOR DEFENDANT TO
REPLY TO THE OPPOSITIONS TO THE
MOTIONS TO DISMISS

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Defendants.
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Date action filed: August 13, 2015
Trial Date:
TBA

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STIPULATION EXTENDING TIME FOR DEFENDANT
TO REPLY TO THE OPPOSITIONS TO THE MOTIONS TO DISMISS
Pursuant to Federal Rules of Civil Procedure, Rule 6, and Local Rule 144, Plaintiff

23 CHRISTINE L. BAILEY (“Plaintiff”) and Defendant THE PUBLIC GROUP, LLC, a Utah limited
24 liability company (“Defendant”), by and through their attorneys of record, hereby stipulate that:
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1. On August 31, 2018, the Court issued its Order Granting Defendant’s Motion to Dismiss for

26 Lack of Subject Matter Jurisdiction with Leave to Amend (Docket No. 36.);
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT
TO REPLY TO THE OPPOSITIONS TO THE MOTIONS TO DISMISS

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2. On September 27, 2018, Plaintiff filed its Second Amended Complaint and Demand for Jury

2 Trial (Docket No. 37.);
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3. On October 8, 2018, Defendant filed its Motion to Dismiss for Lack of Subject Matter

4 Jurisdiction (Docket No. 38.);
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4. On October 11, 2018, Defendant filed its Motion to Dismiss Second, Fifth, Seventh & Tenth

6 Claims for Relief from Second Amended Complaint (Docket No. 39.);
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5. On November 21, 2018, Plaintiff filed its Opposition to Motion to Dismiss for Lack of Subject

KNOX, LEMMON & ANAPOLSKY, LLP
2339 GOLD MEADOW WAY, SUITE 205, GOLD RIVER, CA 95670
TELE: [phone] FAX: [phone]

8 Matter Jurisdiction (Docket No. 40.);
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6. On November 21, 2018, Plaintiff also filed its Motion to Substitute Deceased Party (Docket No.

10 41.);
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7. On November 21, 2018, Plaintiff also filed its Memorandum of Points and Authorities in

12 Support of Plaintiff’s Motion to Substitute Deceased Party (Docket No. 42.);
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8. On November 21, 2018, Plaintiff also filed its Opposition to Motion to Dismiss for Lack of

14 Subject Matter Jurisdiction (Docket No. 43.);
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9. Plaintiff’s Opposition to Motion to Dismiss for Lack of Subject Matter Jurisdiction (Docket No.

16 43.) was inadvertently miscaptioned and intended to be Plaintiff’s Opposition to Motion to Dismiss the
17 Second, Fifth, Seventh and Tenth Causes of Action;
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10. Plaintiff will file an Erratum to the Opposition to Motion to Dismiss for Lack of Subject Matter

19 Jurisdiction (Docket No. 43.) to correct the caption;
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11. The deadline for Defendant to file its Reply to the Opposition to Motion to Dismiss for Lack of

21 Subject Matter Jurisdiction (Docket No. 40.) will be extended from November 29, 2018 until and
22 including December 27, 2018;
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12. The deadline for Defendant to file its Reply to the Opposition to Motion to Dismiss for Lack of

24 Subject Matter Jurisdiction (Docket No. 43.) will be extended from November 29, 2018 until and
25 including December 27, 2018;
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT
TO REPLY TO THE OPPOSITIONS TO THE MOTIONS TO DISMISS

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13. The hearing date for Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction

2 (Docket No. 38.) will be extended from December 6, 2018 at 2:00 p.m. until January 10, 2019 at 2:00
3 p.m., to be heard concurrently with Plaintiff’s Motion to Substitute Deceased Party;
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14. The hearing date for Defendant’s Motion to Dismiss Second, Fifth, Seventh & Tenth Claims for

5 Relief from Second Amended Complaint (Docket No. 39.) will be extended from December 6, 2018 at
6 2:00 p.m. until January 10, 2019 at 2:00 p.m., to be heard concurrently with Plaintiff’s Motion to
7 Substitute Deceased Party;
KNOX, LEMMON & ANAPOLSKY, LLP
2339 GOLD MEADOW WAY, SUITE 205, GOLD RIVER, CA 95670
TELE: [phone] FAX: [phone]

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15. The need for these extensions became apparent to counsel for Plaintiff and Defendant during a

9 telephone conference on November 26, 2018;
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16. This is the first such extension of time for Defendant to reply to Docket Nos. 40 and 43; and

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17. This is the first such extension of time for the hearing date for Docket Nos. 38 and 39.

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Respectfully submitted,

13 Dated: November 27, 2018

KNOX, LEMMON & ANAPOLSKY, LLP

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By: __/s/ Thomas S. Knox_____________
THOMAS S. KNOX, Attorneys for
THE PUBLIC GROUP, LLC

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Dated: November 27, 2018

CAROLE M. POPE, a Professional Corporation

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By: __/s/ Carole M. Pope_____________
CAROLE M. POPE, Attorney for
CHRISTINE L. BAILEY

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ORDER

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Having reviewed the parties’ Stipulation Extending Time for Defendant to Reply to the

25 Oppositions to the Motions to Dismiss, and good cause appearing, IT IS HEREBY ORDERED that the
26 deadline for Defendants to file their replies to the Oppositions to the Motions to Dismiss (Docket Nos.
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT
TO REPLY TO THE OPPOSITIONS TO THE MOTIONS TO DISMISS

1 40 and 43.) whether by means of an Answer, a Motion under Rule 12 of the Federal Rules of Civil
2 Procedure or other appropriate motion, will be extended from November 29, 2018 until and including
3 December 27, 2018.
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IT IS FURTHER ORDERED that the hearing date for Defendant’s Motions to Dismiss (Docket

5 Nos. 38 and 39.) will be continued to January 10, 2019 at 2:00 p.m. from December 6, 2018 at 2:00 p.m.,
6 to be heard concurrently with Plaintiff’s Motion to Substitute Deceased Party (Docket No. 41.).

KNOX, LEMMON & ANAPOLSKY, LLP
2339 GOLD MEADOW WAY, SUITE 205, GOLD RIVER, CA 95670
TELE: [phone] FAX: [phone]

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8 Dated: November 28, 2018
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT
TO REPLY TO THE OPPOSITIONS TO THE MOTIONS TO DISMISS