Din v. United States Of America et al

Filing 37

ORDER GRANTING 36 STIPULATION re 17 MOTION to Dismiss for Lack of Jurisdiction ; AND 22 MOTION to Dismiss. Motion Hearing set for 6/6/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 2/24/14. (jjoS, COURT STAFF) (Filed on 2/24/2014)

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Case3:13-cv-01935-JSW Document36 Filed02/21/14 Page1 of 3 1 2 3 J. STEVEN KENNEDY (State Bar No. 82066) jsk@attorneykennedy.com 225 So. Lake Avenue, Suite 300 Pasadena, California 91101-3009 Tel. (626) 432-5440 Fax (626) 405-0226 4 5 Attorney for Plaintiff Wei-Hsun Din, as Successor In Interest to Richard Din, Deceased, and as Successor In Interest to Rey-Kung Din, Deceased 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 WEI-HSUN DIN, as Successor In Interest to ) Richard Din, Deceased, and as Successor In ) Interest to Rey-Kung Din, Deceased, ) ) Plaintiff, ) ) vs. ) ) UNITED STATES OF AMERICA, ) REGENTS OF THE UNIVERSITY OF ) CALIFORNIA, HARRY LAMPIRIS, ) GARY A. JARVIS, WALTER M. ) HOLLERAN and DOES 1 to 50, ) ) Defendants. ) ____________________________________) CASE NO. C 13-01935 JSW (Assigned to the Hon. Jeffrey S. White, United States District Judge) AMENDED STIPULATION AND PROPOSED ORDER CONTINUING HEARING ON MOTIONS TO DISMISS 19 20 Pursuant to Local Rule 7-12 of the United States District Court, for the Northern District of 21 California, plaintiff Wei-Hsun Din, as Successor in Interest to Richard Din, Deceased, and as 22 Successor in Interest to Rey-Kung Din, Deceased, on the one hand, and defendants, the Regents of 23 the University of California (the “UC”), Harry Lampiris, Gary A. Jarvis, and Walter M. Holleran 24 (collectively, the “Individual Defendants”), and the United States of America (the “USA”), on the 25 other hand, through their respective counsel, hereby stipulate as follows: 26 27 28 J. Steven Kennedy Attorney at Law 1. The hearing on defendants’ Motions to Dismiss, originally set for October 11, 2013, was continued and rescheduled to February 21, 2014, due to the government shutdown. 2. On February 18, 2014, the hearing on the Motions to Dismiss was continued to March AMENDED STIPULATION AND PROPOSED ORDER CONTINUING HEARING ON MOTIONS TO DISMISS C :\D in v . V A \A m e n d ed H r g stip 2 0 1 4 .w p d 1 Case3:13-cv-01935-JSW Document36 Filed02/21/14 Page2 of 3 1 2 21, 2014, by Clerk’s Notice, due to the illness of Judge Jeffrey S. White. 3. Counsel for plaintiff has a previously scheduled matter in the Los Angeles Superior 3 Court on March 21, 2014, and has requested that counsel for defendants stipulate to a continuance 4 of the March 21, 2014, hearing date. 5 4. The parties have therefore agreed, and hereby stipulate, subject to the Court’s approval, 6 that the Motions to Dismiss now set for hearing on March 21, 2014, each be continued for hearing 7 on June 6, 2014, at 9:00 a.m., in Judge White’s assigned Courtroom at the Oakland Courthouse, 8 1301 Clay Street, Oakland, California 94612. 9 10 IT IS SO STIPULATED. Dated: February 20, 2014 LAW OFFICES OF J. STEVEN KENNEDY 11 12 By: /S/ 13 J. STEVEN KENNEDY Attorney for Plaintiff WEI-HSUN DIN, as Successor In Interest to Richard Din, Deceased, and as Successor In Interest to Rey-Kung Din, Deceased 14 15 16 Dated: February 20, 2014 GORDON & REES LLP 17 18 By: /S/ MICHAEL D. BRUNO JEROME SCHREIBSTEIN Attorneys for Defendants REGENTS OF THE UNIVERSITY OF CALIFORNIA, HARRY LAMPIRIS, GARY A. JARVIS, and WALTER M. HOLLERAN 19 20 21 22 23 Dated: February 20, 2014 MELINDA HAAG United States Attorney 24 25 By: /S/ 26 ABRAHAM A. SIMMONS Assistant United States Attorney Attorneys for Defendant UNITED STATES OF AMERICA 27 28 J. Steven Kennedy Attorney at Law AMENDED STIPULATION AND PROPOSED ORDER CONTINUING HEARING ON MOTIONS TO DISMISS C :\D in v . V A \A m e n d ed H r g stip 2 0 1 4 .w p d 2 Case3:13-cv-01935-JSW Document36 Filed02/21/14 Page3 of 3 1 2 ORDER 3 PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, 4 It is so ordered. The Motions to Dismiss now set for hearing on March 21, 2014, are each 5 be continued for hearing on June 6, 2014, at 9:00 a.m., in Courtroom ___, at the Oakland 5 6 Courthouse, 1301 Clay Street, Oakland, California 94612. 7 8 February 24, 2014 Dated: _________________________ 9 10 _______________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Steven Kennedy Attorney at Law AMENDED STIPULATION AND PROPOSED ORDER CONTINUING HEARING ON MOTIONS TO DISMISS C :\D in v . V A \A m e n d ed H r g stip 2 0 1 4 .w p d 3

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