Concepcion v. Fidelity Investments

Filing 22

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/27/2018 ORDERING that defendant's 10 Motion to Dismiss will be heard on 10/16/2018 at 1:30 p.m. Plaintiffs' 14 Motion to Remand will be heard on 10/16/2018 at 1:30 p.m. Any opposition or replies to the Motions will be filed and served per the Local Rules and in accordance with the new hearing date. (Zignago, K.)

1
2
3
4
5
6

LAW OFFICES OF JON A DeRONDE, JR.
John A. DeRonde, Jr. CFLS (SBN 59289)
E-mail: [e-mail]
416 Merganser Place
Davis, CA 95616
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiffs
DELORES CONCEPCION; and
ESTATE OF NANCY TOBIAS

7
8
9
10
11
12
13
14

SEYFARTH SHAW LLP
Aaron Belzer, Esq. (State Bar No. 238901)
E-mail: [e-mail]
Julie M. Kamps (admitted pro hac vice)
Email: [e-mail]
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FIDELITY WORKPLACE SERVICES, LLC
(incorrectly identified as “Fidelity Investments”)

15
16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA|

18

SACRAMENTO DIVISION

19
20
21
22
23
24
25
26

DELORES CONCEPCION; ESTATE OF
NANCY TOBIAS,

)
)
)
Plaintiffs,
)
)
vs.
)
)
FIDELITY INVESTMENTS, and DOES 1-10, )
)
Defendants.
)
)
)
)

CASE NO. 2:18-CV-01561-JAM-KJN
JOINT STIPULATION TO CONTINUE
HEARING DATE ON:
(1) DEFENDANT’S MOTION TO DISMISS
(2) PLAINTIFF’S MOTION TO REMAND
[L.R. 230(f); L.R. 143]

27
28

JOINT STIPULATION TO CONTINUE HEARING DATE; CASE NO. 2:18-CV-01561-JAM-KJN

1

WHEREAS, on July 24, 2018 Defendant Fidelity Workplace Services, LLC (incorrectly

2

named Fidelity Investments)(“Defendant”) filed a Motion to Dismiss Plaintiff’s Complaint, and

3

noticed the Motion for hearing on October 2, 2018 (Dkt. #10);

4
5
6
7
8
9
10

WHEREAS, on July 30, 2018, Plaintiff Delores Concepcion filed a Motion to Remand,
and also noticed the Motion for hearing on October 2, 2018 (Dkt. #15);
WHEREAS, Plaintiffs’ counsel will be out of town between September 27, 2018 and
October 10, 2018 and unavailable to appear at the hearing on the pending motions;
WHEREAS, the Parties have met and conferred in good faith, and have agreed to
continue the hearing on Defendants’ Motion to Dismiss and Plaintiff’s Motion to Remand;
NOW THEREFORE, the Parties, by and through their counsel, stipulate to continue the

11

hearing on the motions to October 16, 2018, or as soon thereafter as the Court may hear the

12

motions, with any oppositions or replies to be filed and served per the Local Rules and in

13

accordance with the new hearing date.

14

IT IS SO STIPULATED.

15 DATED: August 24, 2018

SEYFARTH SHAW LLP

16
17

By: /s/ Aaron Belzer
Destiny Brown

18

Attorneys for Defendant
FIDELITY WORKPLACE SERVICES, LLC

19
20
21

DATED: August 24, 2018

LAW OFFICES OF JOHN A. DERONDE, JR.

22
By: /s/ John A. DeRonde, Jr. (with consent)
John A. DeRonde, Jr.

23
24

Attorneys for Plaintiffs
DELORES CONCEPCION and
THE ESTATE OF NANCY TOBIAS

25
26
27

Pursuant to Local Rule 131(e), counsel for Plaintiffs has authorized submission of this
document on his behalf.

28
-2JOINT STIPULATION TO CONTINUE HEARING DATE; CASE NO. 2:18-CV-01561-JAM-KJN

1

ORDER

2

The Court, having reviewed the foregoing Stipulation to Continue the Hearing on

3

Defendant’s Motion to Dismiss and Plaintiff’s Motion to Remand, and good cause appearing,

4

hereby orders that:

5

1.

Defendant’s Motion to Dismiss will be heard on October 16, 2018 at 1:30 p.m.;

6

2.

Plaintiffs’ Motion to Remand will be heard on October 16, 2018 at 1:30 p.m.;

7

3.

Any opposition or replies to the Motions will be filed and served per the Local

8
9

Rules and in accordance with the new hearing date.
IT IS SO ORDERED

10
11

DATED: __8/27/2018__________________

/s/ John A. Mendez
Hon. John A. Mendez
United States District Court Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

JOINT STIPULATION TO CONTINUE HEARING DATE; CASE NO. 2:18-CV-01561-JAM-KJN