Lehr et al v. Perri Electric, Inc., et al

Filing 106

ORDER signed by Senior Judge William B. Shubb on 9/6/2019 GRANTING 104 Plaintiffs' Request to Continue Motion Hearing. The hearing on 91 Defendants' Motion to Dismiss (converted to a motion for summary judgment) is reset for 10/7/ 2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs' amended opposition and evidence shall be filed by 9/20/2019. Any amended reply and evidence from defendants shall be filed by 9/27/2019. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL LEHR and COLLEEN LEHR,
Plaintiffs,

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No. 2:17-cv-1188 WBS AC

v.

ORDER

FRANK M. PERRI; PERRI ELECTRIC,
INC., a California Corporation;
PERRI ELECTRIC INC. PROFIT
SHARING PLAN; PERRI ELECTRIC
INC. PROFIT SHARING TRUST FUND;
and DOES 1-50,
Defendants.

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Plaintiffs request additional time to respond to the

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submissions of defendants Perri Electric Inc. Profit Sharing Plan

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and Perri Electric Profit Sharing Trust Fund, filed in support of

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their motion to dismiss, which this court converted to a motion

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for summary judgment under Federal Rule of Civil Procedure 12(d).

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(Docket No. 104.)

In light of plaintiffs’ representations and

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the relatively short period between the scheduled hearing and the

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date the motion was converted to a motion for summary judgment,

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the request for additional time (Docket No. 104) is GRANTED.

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Fed. R. Civ. P. 12(d) and 56(d)(2).

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reset for October 7, 2019 at 1:30 p.m.

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opposition and evidence shall be filed by September 20, 2019.

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Any amended reply and evidence from defendants shall be filed by

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September 27, 2019.

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IT IS SO ORDERED.
Dated:

September 6, 2019

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See

The hearing on the motion is
Plaintiffs’ amended