Newport et al v. Burger King Corporation

Filing 165

ORDER EXTENDING TIME FOR BURGER KING CORPORATION TO FILE MOTION TO DISMISS WILLIE C. COOK'S AMENDED CROSS-CLAIM by Hon. William Alsup granting in part and denying in part #161 Motion.(whalc2, COURT STAFF) (Filed on 8/31/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ROY D. NEWPORT, et al.,
Plaintiffs,

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v.
BURGER KING CORPORATION,
Defendant.
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No. C 10-04511 WHA

AND RELATED COUNTERCLAIMS.

ORDER EXTENDING TIME FOR
BURGER KING CORPORATION TO FILE
MOTION TO DISMISS WILLIE C. COOK’S
AMENDED CROSS-CLAIM

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Burger King Corporation requests additional time to file a motion to dismiss counter-

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defendant Willie C. Cook’s amended cross-claim given some assertedly misleading interim

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communications by Cook’s counsel (Dkt. No. 161). For good cause shown, the request is

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GRANTED, with the following conditions: the motion shall be no more than 15 pages, the

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opposition shall be no more than 15 pages, and the reply shall be no more than 10 pages (all such

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limits excluding exhibits). Burger King shall file its motion (or respond by answer) by

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SEPTEMBER 1, 2011. Burger King’s alternative request that this order enforce the parties’

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agreement to dismiss Cook’s amended cross-claim without prejudice because Burger King

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accepted Cook’s offer to stipulate to dismissal without prejudice is DENIED.

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IT IS SO ORDERED.

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Dated: August 31, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE