Pierce v. Frink et al

Filing 10

STIPULATION and ORDER 9 signed by Senior Judge William B. Shubb on 8/29/2017 continuing 8 Plaintiff's Motion to Remand to 10/30/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

11
12

DOROTHY A. PIERCE,
Plaintiff,

13
14
15
16
17
18
19

vs.
NELSON C. FRINK, M.D.; COOK
INCORPORATED; COOK
INCORPORATED a/k/a COOK
MEDICAL INCORPORATED;
COOK GROUP INCORPORATED;
COOK MEDICAL, LLC; and DOES
1 through 60,

Case No.: 2:17-CV-01731-WBS-DB
Hon. William B. Shubb
ORDER ON JOINT STIPULATION
CONTINUING HEARING DATE ON
PLAINTIFF’S MOTION TO
REMAND IN ORDER TO ALLOW
ALL RELATED MOTIONS TO BE
HEARD ON THE SAME DATE
Complaint Filed: July 20, 2017
Date Removed: August 18, 2017

Defendants.

20
21
22
23
24
25
26
27
28
US.113915080.01

[PROPOSED] ORDER ON JOINT STIP.
CONTINUING MOTION TO REMAND
Case No.: 2:17-CV-01731-WBS-DBS

ORDER

1
2

The Court, having considered the Joint Stipulation Continuing Hearing Date on

3

Plaintiff’s Motion to Remand in Order to Allow All Related Motions to be Heard on

4

the Same Date, HEREBY ORDERS that:

5

1. The Court accepts and approves of the stipulation;

6

2. The hearing on Plaintiff’s motion to remand currently scheduled for October

7

16, 2017, at 1:30 p.m., is continued to October 30, 2017, at 1:30 p.m. to allow

8
9
10

all related motions to be heard on the same date.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: August 29, 2017

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1
US.113915080.01

[PROPOSED] ORDER ON JOINT STIP.
CONTINUING MOTION TO REMAND
Case No.: 2:17-CV-01731-WBS-DBS

1

CERTIFICATE OF SERVICE

2

I am a citizen of the United States and employed in Los Angeles, California. I
am over the age of eighteen years and not a party to the within entitled action. My
business address is 11766 Wilshire Boulevard, Suite 750; Los Angeles, CA 90025.
On August 29, 2017, I served a copy of the within document(s):

3
4
5
6
7
8

[PROPOSED] ORDER ON JOINT STIPULATION CONTINUING
HEARING DATE ON PLAINTIFF’S MOTION TO REMAND IN
ORDER TO ALLOW ALL RELATED MOTIONS TO BE HEARD ON
THE SAME DATE


by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, the United States mail at Los Angeles,
California addressed as set forth below.



by placing the document(s) listed above in a sealed Federal Express
overnight delivery envelope and affixing a pre-paid air bill, and
causing the envelope to be delivered to a Federal Express agent for
delivery.



by transmitting via e-mail or electronic transmission the document(s)
listed above to the person(s) at the e-mail address(es) set forth below.

9
10
11
12
13
14
15
16
17
18

David P. Matthews
Matthews & Associates
2509 Sackett Street
Houston, TX 77098
Email: [e-mail]

Attorneys for Plaintiff

19
20
21
22
23
24
25

I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary
course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one
day after date of deposit for mailing in affidavit.
Executed on August 29, 2017, at Los Angeles, California.
I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
/s/ Lorena Lazheztter
Lorena Lazheztter

26
27
28

2
US.113915080.01

[PROPOSED] ORDER ON JOINT STIP.
CONTINUING MOTION TO REMAND
Case No.: 2:17-CV-01731-WBS-DBS