Henry v. Bank of America Corporation et al

Filing 104

STIPULATION AND ORDER RE: 103 RESETTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/10/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Motion Hearing set for 6/10/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 5/10/10. (cl, COURT STAFF) (Filed on 5/10/2010)

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*E-Filed 5/10/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SHARON S. HENRY, 20 21 vs. Plaintiff, DAN SIEGEL, SBN 56400 JOSE LUIS FUENTES, SBN 192236 SIEGEL & YEE 499 14th Street, Suite 220 Oakland, CA 94612 Telephone: (510) 839-1200 Telefax: (510) 444-6698 Attorneys for Plaintiff Sharon S. Henry JAN T. CHILTON (State Bar No. 47582) MARK JOSEPH KENNEY (State Bar No. 87345) ANDREW S. ELLIOTT (State Bar No. 254757) SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants Bank of America, N.A. and Nancy Mendoza DENNIS J. HERRERA, State Bar #139669 (City Attorney) JOANNE HOEPER, State Bar #114961 (Chief Trial Deputy) KIMBERLY A. BLISS, State Bar #207857 (Deputy City Attorney) Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3861 Facsimile: (415) 554-3837 Attorneys for Defendants City And County Of San Francisco, Calvin Chow And Raymond Lee UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.: 3:09-cv-628 RS STIPULATION AND [PROPOSED] ORDER SET/RESET HEARING AND CMC: MOTION HEARING AND CMC SET FOR 6/10/2010 01:30 PM IN COURTROOM 3, 17TH FLOOR, SAN FRANCISCO Judge: Date: Time: Location: Hon. Richard Seeborg June 10, 2010 1:30 p.m. United States Courthouse Courtroom 3, 17th Floor 450 Golden Gate Ave. San Francisco, CA 94102 22 BANK OF AMERICA CORPORATION; NANCY MENDOZA; CITY AND COUNTY 23 OF SAN FRANCISCO; CALVIN CHOW; RAYMOND LEE, 24 Defendants. 25 26 27 28 Stipulation Set/Reset Hearing and CMC Case No.: 3:09-cv-628 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Whereas, on February 12, 2010, BofA moved the Court to fix the amount of attorney's fees and costs to which it is entitled as the prevailing defendant on a special motion to strike under Code of Civil Procedure section 425.16(c). Dkt. ##79-82. BofA's motion was scheduled to be heard by Judge Breyer on March 26, 2010. Whereas, on March 7, 2010, Henry filed an opposition raising various objections to the motion. Dkt. ##84, 85. BofA filed its reply on memorandum on March 12, 2010. Dkt. #86. Whereas, by Court Order dated March 18, 2010, this matter was reassigned to Judge Seeborg. Dkt. #89. Whereas, on March 19, 2010, BofA re-noticed its motion to fix the amount of attorney's fees and costs to which it is entitled as the prevailing defendant on a special motion to strike under Code of Civil Procedure section 425.16(c). Dkt. #90. Whereas, BofA's re-noticed motion for attorney's fees was scheduled to be heard on April 29, 2010. Whereas, CLERKS NOTICE Case Management Conference set for 4/29/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco was issued. Dkt. # 96. Whereas, on April 26, 2010 Set/Reset Hearings Motion Hearing set for 5/20/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco was issued. Whereas, plaintiff counsels cannot cover this hearing due to prior set court appearances on this date and staff vacation. Whereas, the plaintiff and defendants agree, with the Court's permission, to set/reset hearing and CMC for June 10, 2010 at 01:30 PM. Respectfully submitted, Stipulation Set/Reset Hearing and CMC Case No.: 3:09-cv-628 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: May 10, 2010 SIEGEL & YEE By: /s/ Jose Luis Fuentes JOSE LUIS FUENTES Attorneys for Plaintiff Sharon Henry DATED: May 10, 2010 SEVERSON & WERSON A Professional Corporation By: /s/ Andrew S. Elliott ANDREW S. ELLIOTT Attorneys for Defendants Bank of America, N.A. and Nancy Mendoza DATED: May 10, 2010 DENNIS J. HERRERA, CITY ATTORNEY By: /s/ Kimberly A. Bliss KIMBERLY A. BLISS Attorneys for Defendants City And County Of San Francisco, Calvin Chow And Raymond Lee ORDER After considering the proposed stipulation regarding set/reset hearing and CMC and there being good cause, the Court Set/Reset Hearing and CMC for 6/10/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. IT IS SO ORDERED. Dated: 5/10/10 _____________________________________ Honorable RICHARD SEEBORG Judge, United States District Court -3- Stipulation Set/Reset Hearing and CMC Case No.: 3:09-cv-628

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