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

Filing 22

STIPULATION AND ORDER TO POSTPONE HEARING DATE ON MOTION TO DISMISS. Motion Hearing set for 3/24/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco.Signed by Judge Richard Seeborg on 11/22/10. (cl, COURT STAFF) (Filed on 11/22/2010)

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

Doc. 22

*E-Filed 11/22/10*

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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 POSTPONE 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) IN LIGHT OF PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW; [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:

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

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

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RECITALS 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 14, 2010, counsel for both parties submitted a stipulation to postpone

the hearing date on VGT's Motion to Dismiss to December 16, 2010. On November 1, 2010, Judge Seeborg signed and filed the stipulation, thereby setting VGT's Motion to Dismiss for hearing on December 16, 2010. 6. On November 18, 2010, counsel for Plaintiff OEM-Tech, Co. filed a Motion By

Counsel For Plaintiff to Withdraw as Counsel of Record. 7. Counsel for Plaintiff OEM-Tech, Co. has requested that VGT agree to continue

the hearing date on VGT's Motion to Dismiss again to give Plaintiff OEM-Tech, Co. sufficient time to resolve its issues with regard to representation, to give Plaintiff OEM-Tech, Co. sufficient time to secure new counsel if necessary, and to permit such new counsel sufficient time to review the file and respond to VGT's Motion to Dismiss. VGT would like to accommodate this request. /// ///
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S T I P U L A T I O N TO POSTPONE HEARING DATE MOTION TO DISMISS, OR, ALTERNATIVELY, TO S T R I K E ; [PROPOSED] ORDER THEREON

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Dated: November 19, 2010 17 18 19 20 21 22 By: By: Dated: November 19, 2010

STIPULATION In light of the above-specified facts, the parties hereby stipulate as follows: 1. The VGT Motion to Dismiss shall be heard on March 24, 2011, 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 March 3, 2011. Defendant VGT's reply brief, if any, shall be filed on or before March 10, 2011. 2. Defendant VGT shall serve Plaintiff OEM-Tech, Co. with a Second Amended

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

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

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

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

PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 25 26 27 28
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11/22/10 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 POSTPONE HEARING DATE MOTION TO DISMISS, OR, ALTERNATIVELY, TO S T R I K E ; [PROPOSED] ORDER THEREON