Wang v. Asset Acceptance LLC

Filing 84

ORDER continuing motion to 11/4/10 @ 9 a.m. (tf, COURT STAFF) (Filed on 8/24/2010)

Wang v. Asset Acceptance LLC

Doc. 84

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TOMIO B. NARITA (SBN 156576) JEFFREY A. TOPOR (SBN 195545) SIMMONDS & NARITA LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104-4816 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] 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.

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CASE NO.: C09-04797 SI STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON PLAINTIFF'S MOTION FOR RELIEF FROM THE FEBRUARY 2, 2010 ORDER DISMISSING PLAINTIFF'S CCRAA CLAIMS AND SETTING SPECIAL BRIEFING SCHEDULE The Honorable Susan Illston

W A N G V. ASSET ACCEPTANCE, LLC (C09-04797 SI) S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING HEARING; SETTING BRIEFING SCHEDULE

Dockets.Justia.com

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WHEREAS on August 13, 2010, plaintiff Johnny Wang ("Wang") filed his Motion for Relief from the February 2, 2010 Order Dismissing Plaintiff's CCRAA Claims (docket no. 81) (the "Motion"), and set the hearing for September 17, 2010; WHEREAS lead counsel for defendant Asset Acceptance, LLC ("Asset"), Tomio B. Narita, must defend his clients' depositions in a multi-party class action on September 17, 2009, and thus cannot attend the hearing on that date; WHEREAS the Motion appears to contain several new and complicated issues of law and the preparation of the response will likely require extensive research and drafting, WHEREAS Plaintiff has agreed to continue the hearing on the Motion, WHEREAS the parties agree, without waiving any other rights or objections that they may have, that Plaintiff may file a motion to compel discovery during the period of the continuance, and that the requested continuance shall not delay resolution of discovery matters, NOW THEREFORE Plaintiff and Asset hereby stipulate and request that the Court continue the Hearing on the Motion to November 4, 2010 at 9:00 a.m., or as soon thereafter as the Court may hear the matter. The parties further agree to a special briefing schedule on the motion, whereby Asset will file its opposition on or before October 1, 2010, and Plaintiff will file his reply on or before October 22, 2010. IT IS SO STIPULATED.

DATED: August 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

W A N G V. ASSET ACCEPTANCE, LLC (C09-04797 SI) S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING HEARING; SETTING BRIEFING SCHEDULE

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DATED: August 20, 2010

PRESTON LAW OFFICES ETHAN PRESTON By: s/Ethan Preston Ethan Preston Attorneys for Plaintiff Johnny Wang

W A N G V. ASSET ACCEPTANCE, LLC (C09-04797 SI) S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING HEARING; SETTING BRIEFING SCHEDULE

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[PROPOSED] ORDER Pursuant to the stipulation and of the parties and good cause appearing, IT IS HEREBY ORDERED THAT: 1. The hearing on Plaintiff's Motion for Relief from the February 2, 2010 Order Dismissing Plaintiff's CCRAA Claims (Docket no. 81) is continued to November 4, 2010 at 9:00 a.m. 2. Asset shall file any opposition on or before October 1, 2010, and Wang shall file his reply on or before October 22, 2010.

IT IS SO ORDERED. DATED:____________________ By:_________________________________ Hon. Susan Illston United States District Court Judge

W A N G V. ASSET ACCEPTANCE, LLC (C09-04797 SI) S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING HEARING; SETTING BRIEFING SCHEDULE

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