Kim v. Interdent, Inc.

Filing 33

ORDER continuing motion to dismiss to 5/29/09 (ts, COURT STAFF) (Filed on 4/15/2009)

Case 3:08-cv-05565-SI

Document 32

Filed 04/10/2009

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JAMES MCMANIS (40958) NEDA MANSOORIAN (207832) SHARON KIRSCH (157157) MATTHEW SCHECHTER (212003) McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: [phone] Facsimile: 408-279-3244 Attorneys for Plaintiff, SARAH KIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SARAH KIM, Individually and as Successor in Interest to RICHARD D. BAE, D.D.S., Deceased, Plaintiff, vs. INTERDENT, INC., a Delaware corporation, a/k/a INTERDENT SERVICE CORPORATION, a Washington corporation, a/k/a GENTLE DENTAL, a/k/a MOUNTAIN VIEW DENTAL, a/k/a BLUE OAK DENTAL GROUP, a/k/a DEDICATED DENTAL, a/k/a AFFORDABLE DENTAL CARE, a/k/a CAPITAL DENTAL, and DOES 1-50, inclusive, Defendants. Case No. CV-08-5565-SI THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS

Date: Time: Dept.: Judge:

May 15, 2009 9:00 a.m. Courtroom 10, 19th Floor Honorable Susan Illston

22 23 24 25 26 27 28 Plaintiff, Sarah Kim, Individually and as Successor in Interest to Richard D. Bae, D.D.S., Deceased ("plaintiff"), and defendants, Interdent, Inc., a Delaware corporation, a/k/a Interdent Service Corporation, a Washington corporation, a/k/a Gentle Dental, a/k/a Mountain View Dental, a/k/a Blue Oak Dental Group, a/k/a Dedicated Dental, a/k/a Affordable Dental Care, and a/k/a Capital Dental (collectively, "defendants"), by and through their respective attorneys of
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THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS; CASE NO. CV-08-5565-SI

Case 3:08-cv-05565-SI

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Filed 04/10/2009

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record, hereby jointly request that this Court issue an order continuing the hearing on defendants' Motion to Dismiss from Friday, May 15, 2009, at 9:00 a.m., to Friday, May 29, 2009, at 9:00 a.m. The parties had previously sought, via stipulation and order, to continue the date of the hearing from March 27, 2009 to April 10, 2009. This Court signed the stipulation and order and continued the hearing date to April 24, 2009. Plaintiff's counsel, however, was not available on April 24. The parties then submitted a stipulation and order continuing the hearing from April 24, 2009 to May 15, 2009. After filing the stipulation, but before receiving the signed Order from the Court, James McManis, counsel for plaintiff, was unexpectedly reset for a hearing on a motion for summary judgment in Santa Cruz County on May 15, 2009, at 8:30 a.m. Therefore, Mr. McManis is no longer able to appear on May 15. The parties have met and conferred on this matter and have agreed on May 29, 2009. Given the importance of the Motion to Dismiss, and plaintiff's wish to have Mr. McManis argue in opposition to the motion, the parties ask for the Court's understanding in considering this request for a continuance. The parties therefore request that the Court continue the hearing on the Motion to Dismiss from Friday, May 15, 2009, at 9:00 a.m., to Friday, May 29, 2009, at 9:00 a.m. so that it will be heard prior to the June 5, 2009, initial Case Management Conference.

Dated: April 10, 2009

McMANIS FAULKNER

//s// NEDA MANSOORIAN Attorneys for Plaintiff, SARAH KIM

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Dated: April 10, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP

//s// CHARLES O. THOMPSON

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Attorneys for Defendants, INTERDENT, INC., a Delaware corporation, a/k/a INTERDENT SERVICE CORPORATION, a Washington corporation, a/ka GENTLE DENTAL, a/k/a MOUNTAIN VIEW DENTAL, a/k/a BLUE OAK DENTAL GROUP, a/k/a DEDICATED DENTAL, a/k/a AFFORDABLE DENTAL CARE, a/k/a CAPITAL DENTAL

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ___________________

________________________________________ HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

________________________________________________________________ 3 THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS; CASE NO. CV-08-5565-SI