Wang v. Asset Acceptance LLC

Filing 48

ORDER setting 7/9/10 for motion and cmc (tf, COURT STAFF) (Filed on 4/23/2010)

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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 TOMIO B. NARITA (SBN 156576) JEFFREY A. TOPOR (SBN 195545) SIMMONDS & NARITA LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104-4816 Telephone: (415) 283-1000 Facsimile: (415) 352-2625 tnarita@snllp.com jtopor@snllp.com Attorneys for defendant Asset Acceptance, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHNNY WANG, an individual, on his own behalf and on behalf of all others similarly situated, Plaintiff, vs. ASSET ACCEPTANCE, LLC, a Delaware limited liability company, and DOES 1-100, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C09-04797 SI STIPULATION AND PROPOSED ORDER ALLOWING THE FILING OF A FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS FIRST AMENDED COMPLAINT The Honorable Susan Illston W A N G V. ASSET ACCEPTANCE, LLC (CASE NO. C09-04797 SI) S T I P AND PROPOSED O R D E R RE FIRST AMENDED C O M P L A I N T 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 WHEREAS on February 2, 2010, the Court issued its Order Granting in Part and Denying in Part Defendant's Motion to Dismiss the Complaint (docket no. 33); WHEREAS Plaintiff has elected to file a First Amended Complaint; and WHEREAS Defendant has reviewed the Plaintiff's proposed First Amended Complaint and plans to file a motion to dismiss it, NOW THEREFORE the parties hereby stipulate and agree as follows: 1. 2010, 2. Defendant will file its motion to dismiss the First Amended Complaint Plaintiff will file his First Amended Complaint on or before April 30, on or before May 21, 2010 and will set the motion for hearing on July 9, 2010 3. 2010, and 4. Defendant's reply in support of the motion to dismiss will be filed on Plaintiff's opposition to the motion to dismiss will be filed on June 11, June 25, 2010. SO STIPULATED. DATED: April 20, 2010 SIMMONDS & NARITA LLP TOMIO B. NARITA JEFFREY A. TOPOR By: s/Tomio B. Narita Tomio B. Narita Attorneys for defendant Asset Acceptance, LLC DATED: April 20, 2010 THE MILLS LAW FIRM HARRY SHULMAN By: s/Harry Shulman Harry Shulman Attorneys for plaintiff Johnny Wang W A N G V. ASSET ACCEPTANCE, LLC (CASE NO. C09-04797 SI) S T I P AND PROPOSED O R D E R RE FIRST AMENDED C O M P L A I N T 1 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 [PROPOSED] ORDER Pursuant to the Stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED as follows: 1. 2010, 2. Defendant will file its motion to dismiss the First Amended Complaint Plaintiff will file his First Amended Complaint on or before April 30, on or before May 21, 2010 and will set the motion for hearing on July 9, 2010 3. 2010, and 4. Defendant's reply in support of the motion to dismiss will be filed on Plaintiff's opposition to the motion to dismiss will be filed on June 11, June 25, 2010. The initial case management conference has been continued to Friday, July 9, 2010, at 2:30 p.m. IT IS SO ORDERED. DATED:______________________ By: _________________________________ Hon. Susan Illston United States District Court Judge W A N G V. ASSET ACCEPTANCE, LLC (CASE NO. C09-04797 SI) S T I P AND PROPOSED O R D E R RE FIRST AMENDED C O M P L A I N T 2

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