OEM-Tech, Co. v. Video Gaming Technologies Inc

Filing 17

STIPULATION AND ORDER TO SET NEW HEARING DATE ON MOTION TO DISMISS PLAINTIFFS' THIRD AND FIFTH CLAIMS FOR RELIEF. Motion Hearing set for 12/16/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/1/10. (cl, COURT STAFF) (Filed on 11/1/2010)

OEM-Tech, Co. v. Video Gaming Technologies Inc

Doc. 17

*E-Filed 11/1/10*

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MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD (SBN 126475) LANDON D. BAILEY (SBN 240236) 980 9th Street, Suite 1700 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendant Video Gaming Technologies, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

OEM-TECH, CO, a California sole ) proprietorship owned and operated by Charles ) Estes, ) ) Plaintiff, ) ) v. ) ) VIDEO GAMING TECHNOLOGIES, INC., a ) Corporation doing business in California as ) VGT, INC., and DOES 1-50, inclusive ) ) Defendant. ) ) ) ) ) ) ) ) ______________________________________ )

Case No. 3:10-cv-04368-RS STIPULATION TO SET NEW HEARING DATE ON MOTION TO DISMISS PLAINTIFFS' THIRD AND FIFTH CLAIMS FOR RELIEF PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6), OR, ALTERNATIVELY, STRIKE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(f); [PROPOSED] ORDER THEREON Date: Time: Judge: Location: December 16, 2010 1:30 p.m. Honorable Richard Seeborg Courtroom 3, 17th Floor July 16, 2010 September 28, 2010

Complaint Filed: Date of Removal:

494.04.PLE.NTC.Mot.Dismiss.Stip.Hearing.Date.wpd

1 - CASE NO: 3:10-cv-04368-RS
Dockets.Justia.com

S T I P U L A T I O N TO SET NEW HEARING DATE MOTION TO DISMISS, OR, ALTERNATIVELY, TO S T R I K E ; [PROPOSED] ORDER THEREON

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494.04.PLE.NTC.Mot.Dismiss.Stip.Hearing.Date.wpd

RECITALS 1. On September 28, 2010, Defendant Video Gaming Technologies, Inc. ("VGT")

removed this matter from California Superior Court for the County of Alameda. At that time, this matter was assigned to Magistrate Judge James Larson. 2. On October 5, 2010, Defendant VGT filed a Motion to Dismiss Plaintiff's Third

and Fifth Claims for Relief Pursuant to Federal Code of Civil Procedure 12(b)(6), Or, Alternatively, to Strike Pursuant to Federal Rule of Civil Procedure 12(f) (the "VGT Motion to Dismiss"). The VGT Motion to Dismiss was noticed and scheduled to be heard on November 3, 2010 before Magistrate Judge James Larson. 3. On October 5, 2010, Defendant VGT also filed a Declination to Proceed Before a

Magistrate Judge and Request for Reassignment to a United States District Judge. 4. On October 6, 2010, this Court issued a Reassignment Order. The Reassignment

Order assigned this matter to Judge Richard Seeborg, and vacated the previously established hearing date on the VGT Motion to Dismiss. 5. On October 12, 2010, counsel for the parties conferred regarding establishing a

new hearing date for VGT Motion to Dismiss. Counsel for Plaintiff OEM-Tech, Co. indicated that he would like to postpone the hearing for various reasons. Counsel for Defendant would like to accommodate this request. STIPULATION In light of the above-specified facts, the parties hereby stipulate as follows: 1. The VGT Motion to Dismiss shall be heard on December 16, 2010, at 1:30 p.m.,

before the Honorable Judge Richard Seeborg. Plaintiff OEM-Tech, Co.'s opposition brief, if any, shall be filed on or before November 24, 2010. Defendant VGT's reply brief, if any, shall be filed on or before December 2, 2010. 2. Defendant VGT shall serve Plaintiff OEM-Tech, Co. with an amended notice

reflecting this new hearing date and briefing schedule. Plaintiff OEM-Tech, Co. hereby waives any applicable objection regarding this hearing date or notice thereof.

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S T I P U L A T I O N TO SET NEW HEARING DATE MOTION TO DISMISS, OR, ALTERNATIVELY, TO S T R I K E ; [PROPOSED] ORDER THEREON

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Dated: October 14, 2010

MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD LANDON D. BAILEY

By:

/s/ Andrew W. Stroud Andrew W. Stroud Attorneys for Defendant Video Gaming Technologies, Inc. THE SHAFER LAW GROUP JOHN S. KNOWLTON

Dated: October 14, 2010 7 8 9 10 11 12 By:

/s/ John S. Knowlton John S. Knowlton Attorneys for Plaintiff OEM-Tech, Co.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
494.04.PLE.NTC.Mot.Dismiss.Stip.Hearing.Date.wpd

11/1/10 Dated: _______________

By:

_______________________________________ Honorable Richard Seeborg United States District Court, Northern District of California

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S T I P U L A T I O N TO SET NEW HEARING DATE MOTION TO DISMISS, OR, ALTERNATIVELY, TO S T R I K E ; [PROPOSED] ORDER THEREON