KFD Enterprises Inc v. City of Eureka

Filing 266

ORDER CONTINUING HEARING ON MOTION TO DISMISS. The parties' stipulation to continue the hearing on Defendant ERI's Motion to Dismiss to July 23, 2010 is granted. Signed by Judge Maxine M. Chesney on June 16, 2010. (mmclc2, COURT STAFF) (Filed on 6/16/2010)

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MORIS DAVIDOVITZ, ESQ. (State Bar #70581) CHARLES BOLCOM, ESQ. (State Bar #193762)

DAVIDOVITZ & BENNETT LLP
One Embarcadero Center, Suite 750 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant and Cross-Defendant CITY OF EUREKA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

KFD ENTERPRISES, INC., a California Corporation dba Norman's Dry Cleaner,

) ) ) Plaintiff, ) ) v. ) ) CITY OF EUREKA, ) ) Defendant. ) ) _____________________________________ ) ) CITY OF EUREKA, ) ) ) Counter-Claimant and Third-Party Plaintiff ) ) vs. ) ) KFD ENTERPRISES, INC., a California ) Corporation dba Norman's Dry Cleaner, ) Unocal Corporation, ) ) Cross-Defendant and Third Party ) Defendant ) _____________________________________ ) 1.

CASE NO. CV-08-4571 MMC STIPULATION AND PROPOSED ORDER TO CONTINUE HEARING ON DEFENDANT ENVIRONMENTAL RESOLUTION INC.'S MOTION TO DISMISS AND STRIKE [CIVIL C.R. 7-12]

Pursuant to Civil L.R. 7-12, Third-Party Defendant and Cross-Defendant

Environmental Resolutions, Inc. and Defendant, Cross-Defendant, and Counter Defendant City of Eureka, Defendants, Cross-Defendants Unocal and Union Oil, Defendant and CrossDefendant Winzler & Kelly and Plaintiff KFD Enterprises Inc., hereby stipulate as follows: ___________ 1

STIPULATION TO CONTINUE HEARING ON ERI'S MOTION TO DISMISS Case No. CV-08-4571 MMC

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2.

Whereas Environmental Resolutions, Inc. has filed a Motion to Dismiss and

Strike Claims, which was scheduled to be heard on July 16, 2010; 3. Whereas the City of Eureka has requested additional time to respond to ERI's

Motion to Dismiss and Strike Claims and ERI is amenable to that request; 4. Whereas counsel Defendants and Cross-Defendants Unocal Corporation and

Union Oil, counsel for Defendant and Cross-Defendant Winzler & Kelly, counsel for Plaintiff KFD Enterprises Inc. have all agreed to extending the time for hearing on ERI's motion; 5. The hearing on ERI's motion is continued to Friday, July 23, 2010 at 9 a.m.

with the briefing schedule moved accordingly.

DATED: June 15, 2010

DAVIDOVITZ & BENNETT LLP By: /s/ Charles H. Bolcom MORIS DAVIDOVITZ Attorneys for CITY OF EUREKA
(The filer hereby attests that concurrence in the filing of this document has been obtained from the signatories below.)

DATED: June 15, 2010

GORDON & REES LLP

By: /s/ George A. Acero GEORGE A. ACERO Attorneys for Environmental Resolutions, Inc. DATED: June 15, 2010 SEVERSON & WERSON

21 22 23 24 DATED: June 15, 2010 25 26 27 28 ___________ 2 By: /s/ Jan A. Greben Jan A. Greben Attorneys for Plaintiff KFD Enterprises, Inc. GREBEN & ASSOCIATES By: /s/ Peter C. Lyon PETER C. LYON Attorneys for Winzler & Kelly

STIPULATION TO CONTINUE HEARING ON ERI'S MOTION TO DISMISS Case No. CV-08-4571 MMC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

16 DATED: June ___, 2010

__________________________________ MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE HEARING ON ERI'S MOTION TO DISMISS Case No. CV-08-4571 MMC