Kilgore et al v. Keybank, National Association et al

Filing 135

STIPULATION AND ORDER continuing Motion Hearing to 3/29/2010 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/29/10. (rbe, COURT STAFF) (Filed on 1/29/2010)

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

ANDREW A. AUGUST (SBN 112851) ([e-mail]) KEVIN F. ROONEY(SBN 184096) ([e-mail]) PINNACLE LAW GROUP, LLP 425 California Street, Suite 1800 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] JAMES C. STURDEVANT (SBN 94551) ([e-mail]) WHITNEY HUSTON (SBN 234863) ([e-mail]) THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Matthew C. Kilgore, William Bruce Fuller and Kevin Wilhelmy UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MATTHEW C. KILGORE, et al., Plaintiffs, vs. KEYBANK, NATIONAL ASSOCIATION, et al. , Defendants. CASE NO. 08-cv-02958 TEH STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT

WHEREAS, the hearing on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint is currently set for March 1, 2010;

CASE NO. C08-02958 TEH 5033.001/00092894

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMLAINT

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

WHEREAS, Plaintiffs have reached a tentative settlement with two previous defendants in this action (Student Loan Xpress, Inc. ("SLX") and American Education Services ("AES")); WHEREAS, Plaintiffs' settlement with SLX and AES has been preliminarily approved by the Federal District Court in the Middle District of Florida in Holman v. Student Loan Xpress, Inc. 8:08-cv-00305-SDM-MAP (M.D. Fla.); WHEREAS, the Final Fairness Hearing in the Holman action is scheduled for March 22, 2010; WHEREAS, this is the first request for a continuance of the hearing date on Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint (although this Court did grant a continuance of the hearing on Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint in order to allow Plaintiffs leave to file a Third Amended Complaint); WHEREAS, to accommodate Plaintiffs' scheduling concerns; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants, through their respective counsel of record, that the hearing date on Defendants' Motion to Dismiss shall be continued from March 1, 2010 to March 29, 2010 and the current briefing schedule shall be maintained. DATED: January 27, 2010 PINNACLE LAW GROUP LLP

By: /s/ Kevin F. Rooney Kevin F. Rooney, Attorneys for Plaintiff

CASE NO. C08-02958 TEH 5033.001/00092894

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMLAINT

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

DATED:

NIXON PEABODY LLP

By: /s/ W. Scott O'Connell W. Scott O'Connell Attorneys for Defendants

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CASE NO. C08-02958 TEH 5033.001/00092894

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMLAINT

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

ORDER Based on the foregoing stipulation of counsel and good cause appearing therefore, it is HEREBY ORDERED the hearing date on Defendants' Motion to Dismiss shall be continued from March 1, 2010 to March 29, 2010 and the current briefing schedule shall be maintained. PURSUANT TO STIPULATION OF COUNSEL, IT IS SO ORDERED.

01/29 Dated: ____________, 2010

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United States District Court

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CASE NO. C08-02958 TEH 5033.001/00092894

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMLAINT

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