Mc Erlain v. Park Plaza Towers Owners Association et al

Filing 46

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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1 2 3 4 5 6 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 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 8 1871 THE ALAMEDA, SUITE 425 SAN JOSE, CA 95126 TELEPHONE (408) 369-0800 FACSIMILE (408) 369-0752 Pratt & Associates 9 10 NANCY McERLAIN, RELATED ACTIONS 11 Plaintiff, CASE NO. C-13-03232 MMC 12 v. CASE NO. C-13-04384 MMC 13 14 15 16 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 17 18 19 Pursuant to L.R. 6-2 and the Honorable Maxine Chesney's Standing Order, Plaintiffs Nancy 20 McErlain and Patrick McErlain (collectively "Plaintiffs") and all Defendants in the above-captioned 21 cases submit this Joint Stipulation and Proposed Order to continue the hearing date currently set for 22 December 6, 2013 at 9:00 a.m., in courtroom 7 before the Honorable Maxine Chesney on 23 Defendants' Special Anti-SLAPP Motion to Strike filed in the case of Patrick McErlain v. Park 24 Plaza Towers Owners Association, et al., Case No. C-13-03232 MMC. Plaintiff Patrick McErlain's 25 counsel, Robert Howie, is unavailable as he is expected to be in trial in San Jose this entire week of 26 December 2nd-6th and continuing through mid-December. Furthermore, on December 2, 2013, 27 Defendants filed a Special Anti-SLAPP Motion to Strike in the related case of Nancy McErlain v. 28 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 1 on January 3, 2014, a date on which Judge Chesney is unavailable. 2 The parties herein, by and through their counsel, are in agreement to have both Motions 3 heard on January 24, 2014, at 9:00 a.m., in courtroom 7, before the Honorable Maxine Chesney. 4 Counsel herein are also in agreement on the proposed briefing schedule relating to Defendants' 5 Special Anti-SLAPP Motion to Strike filed in the case of Nancy McErlain v. Park Plaza Towers 6 Owners Association, et al., Case No. C-13-04384: 7 Plaintiff's opposition papers shall be filed and served on January 7, 2014. 8 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 9 10 Dated: December 3, 2013 PRATT & ASSOCIATES 11 12 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 13 14 15 16 17 Attorneys for Plaintiff NANCY McERLAIN 18 19 Dated: December 3, 2013 HOWIE & SMITH, LLP 20 21 22 23 24 25 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 26 27 Attorney for Plaintiff PATRICK JOHN MCERLAIN 28 -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 1 2 Dated: December 3, 2013 MICHAEL B. ALLEN LAW GROUP, INC. 3 4 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 5 6 7 8 1871 THE ALAMEDA, SUITE 425 SAN JOSE, CA 95126 TELEPHONE (408) 369-0800 FACSIMILE (408) 369-0752 Pratt & Associates 9 Attorney for all Defendants 10 11 [PROPOSED] ORDER 12 13 Good cause appearing therefor, PURSUANT TO STIPULTION, IT IS SO ORDERED. 14 15 Dated: December 4 , 2013 Hon. Maxine M. Chesney United States District Judge 16 17 ATTESTATION 18 In compliance with Federal Rule 5, Local Rule 5-1(i)(3), the filer of this document hereby 19 20 21 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 22 23 CERTIFICATE OF SERVICE 24 25 26 27 28 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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