Postier v. Louisiana-Pacific Corp

Filing 19

STIPULATION AND ORDER CONTINUING HEARING DATE as to 13 MOTION to Strike and 7 MOTION to Dismiss. Motion Hearing previously set for 9/25/9 at 9:30 AM has been re-set for 10/9/2009 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 09/08/09. (klh, COURT STAFF) (Filed on 9/9/2009)

Case3:09-cv-03290-JCS Document18

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BINGHAM McCUTCHEN LLP Michael I. Begert (SBN 141969) [e-mail] Frank Kennamer (SBN 157844) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Fax: [phone] Attorneys for Defendant LOUISIANA-PACIFIC CORPORATION

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

CAROL POSTIER, individually and on behalf of all others similarly situated, v. Plaintiff,

No. CV 09 3290 JCS STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE Date: September 25, 2009 Time: 9:30 a.m. Dept: Courtroom A (15th Floor) (Magistrate Joseph C. Spero)

LOUISIANA-PACIFIC CORP., and DOES 1-20, Defendants.

The parties to this action have each filed motions that the Court has set for hearing on September 25, 2009; LP's motion is to dismiss Plaintiff's damages claim under the California Consumer Legal Remedies Act, Cal. Civ. Code § § 1750, et seq. (the "CLRA Damages Claim") pursuant to Fed. R. Civ. Proc. 12(b)(6), to strike Plaintiff's CLRA Damages Claim pursuant to Fed. R. Civ. Proc. 12(f), and to dismiss Plaintiff's claim for breach of implied warranty pursuant to Fed. R. Civ. Proc. 12(b)(6); Plaintiff's motion is to strike the Declaration of Frank Kennamer submitted in support of LP's motion pursuant to Cal. Code Civ. Proc. § 435 et seq.;

No. CV 09 3290 JCS

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE
A/73132724.1

Case3:09-cv-03290-JCS Document18

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The parties have met and conferred about seeking a continuance of the hearing date for their motions, and have been advised by the clerk for this Court that the motions may be heard on October 9, 2009 at 9:30 a.m.; The parties seek a continuance in order to allow additional time to consider whether a basis exists to explore settlement of this action; Accordingly, LP and Plaintiffs stipulate and respectfully request that the Court continue the hearing date for their respective motions from September 25, 2009 to October 9, 2009 at 9:30 a.m. DATED: September 8, 2009 BINGHAM MCCUTCHEN LLP By: /s/ FRANK KENNAMER Attorneys for Defendant Louisiana-Pacific Corporation

DATED: September 8, 2009

AUDET & PARTNERS, LLP By: /s/ JOSHUA C. EZRIN Attorneys for Plaintiff And the Proposed Class

GOOD CAUSE APPEARING, IT IS SO ORDERED.
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