Mc Erlain v. Park Plaza Towers Owners Association et al
Filing
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ORDER APPROVING STIPULATION RE: CONTINUING HEARING AND BRIEFING SCHEDULE ON DEFENDANTS' ANTI-SLAPP MOTIONS. The hearing on the motions to strike is continued from January 3, 2014 to January 24, 2014, at 9:00 a.m. In C-13-04384, plaintiff's opposition shall be filed and served on January 7, 2014, and defendants' reply shall be filed and served on January 14, 2014. Signed by Judge Maxine M. Chesney on December 4, 2013. (mmclc1, COURT STAFF) (Filed on 12/4/2013)
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SHARON GLENN PRATT (SBN 121947)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: (408) 369-0800
Fax: (408) 369-0752
spratt@prattattorneys.com
Attorneys for Plaintiff
NANCY McERLAIN
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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1871 THE ALAMEDA, SUITE 425
SAN JOSE, CA 95126
TELEPHONE (408) 369-0800
FACSIMILE (408) 369-0752
Pratt & Associates
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NANCY McERLAIN,
RELATED ACTIONS
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Plaintiff,
CASE NO. C-13-03232 MMC
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v.
CASE NO. C-13-04384 MMC
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PARK PLAZA TOWERS OWNERS
ASSOCIATION, DAVID BEHLING,
BEHLING PROPERTY MANAGEMENT
CORPORATION, and DOES 1 through 30,
Inclusive,
Defendants.
JOINT STIPULATION AND [PROPOSED]
ORDER RE: CONTINUING HEARING
AND BRIEFING SCHEDULE ON
DEFENDANTS' ANTI-SLAPP MOTIONS
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Pursuant to L.R. 6-2 and the Honorable Maxine Chesney's Standing Order, Plaintiffs Nancy
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McErlain and Patrick McErlain (collectively "Plaintiffs") and all Defendants in the above-captioned
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cases submit this Joint Stipulation and Proposed Order to continue the hearing date currently set for
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December 6, 2013 at 9:00 a.m., in courtroom 7 before the Honorable Maxine Chesney on
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Defendants' Special Anti-SLAPP Motion to Strike filed in the case of Patrick McErlain v. Park
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Plaza Towers Owners Association, et al., Case No. C-13-03232 MMC. Plaintiff Patrick McErlain's
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counsel, Robert Howie, is unavailable as he is expected to be in trial in San Jose this entire week of
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December 2nd-6th and continuing through mid-December. Furthermore, on December 2, 2013,
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Defendants filed a Special Anti-SLAPP Motion to Strike in the related case of Nancy McErlain v.
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Park Plaza Towers Owners Association, et al., Case No. C-13-04384, which is noticed to be heard
-1JOINT STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING AND BRIEFING SCHEDULE
ON DEFENDANTS' ANTI-SLAPP MOTIONS, CASE NO. C-13-03232 MMC, CASE NO. C-13-04384 MMC
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on January 3, 2014, a date on which Judge Chesney is unavailable.
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The parties herein, by and through their counsel, are in agreement to have both Motions
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heard on January 24, 2014, at 9:00 a.m., in courtroom 7, before the Honorable Maxine Chesney.
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Counsel herein are also in agreement on the proposed briefing schedule relating to Defendants'
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Special Anti-SLAPP Motion to Strike filed in the case of Nancy McErlain v. Park Plaza Towers
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Owners Association, et al., Case No. C-13-04384:
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Plaintiff's opposition papers shall be filed and served on January 7, 2014.
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Defendants' reply papers shall be filed and served on January 14, 2014.
1871 THE ALAMEDA, SUITE 425
SAN JOSE, CA 95126
TELEPHONE (408) 369-0800
FACSIMILE (408) 369-0752
Pratt & Associates
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Dated: December 3, 2013
PRATT & ASSOCIATES
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By:__/s/ Sharon Glenn Pratt______________
SHARON GLENN PRATT
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: (408) 369-0800
Fax: (408) 369-0752
spratt@prattattorneys.com
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Attorneys for Plaintiff NANCY McERLAIN
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Dated: December 3, 2013
HOWIE & SMITH, LLP
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By:__/s/ Robert Howie, Jr._________________
ROBERT HOWIE, JR.
HOWIE & SMITH, LLP
1777 Borel Place, Suite 1000
San Mateo, CA 94402
Telephone: (650) 685-9300
Fax: (650) 685-3967
showie@howielaw.com
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Attorney for Plaintiff
PATRICK JOHN MCERLAIN
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-2JOINT STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING AND BRIEFING SCHEDULE
ON DEFENDANTS' ANTI-SLAPP MOTIONS, CASE NO. C-13-03232 MMC, CASE NO. C-13-04384 MMC
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Dated: December 3, 2013
MICHAEL B. ALLEN LAW GROUP, INC.
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By:__/s/ Grant H. Baker__________________
GRANT H. BAKER
MICHAEL B. ALLEN LAW GROUP, INC.
520 South El Camino Real, Suite 840
San Mateo, CA 94402
Telephone: (650) 347-5000
Fax: (650) 340-6350
grant@mballenlaw.com
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1871 THE ALAMEDA, SUITE 425
SAN JOSE, CA 95126
TELEPHONE (408) 369-0800
FACSIMILE (408) 369-0752
Pratt & Associates
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Attorney for all Defendants
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[PROPOSED] ORDER
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Good cause appearing therefor, PURSUANT TO STIPULTION, IT IS SO ORDERED.
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Dated: December 4
, 2013
Hon. Maxine M. Chesney
United States District Judge
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ATTESTATION
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In compliance with Federal Rule 5, Local Rule 5-1(i)(3), the filer of this document hereby
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attests that the concurrence to the filing of this document has been obtained from the other
signatories thereto.
/s/ Sharon Glenn Pratt____
SHARON GLENN PRATT
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CERTIFICATE OF SERVICE
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I certify that a copy of this document was served electronically on December 3, 2013 on
counsel of record in compliance with Federal Rule 5, Local Rule 5-6, by use of the Court’s ECF
system.
/s/ Sharon Glenn Pratt____
SHARON GLENN PRATT
-3JOINT STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING AND BRIEFING SCHEDULE
ON DEFENDANTS' ANTI-SLAPP MOTIONS, CASE NO. C-13-03232 MMC, CASE NO. C-13-04384 MMC
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