Walter Delson v. Harbin Hot Springs et al

Filing 61

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Stipulation to Continue the Briefing Schedule and Hearing on Defendants' 55 Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 1/4/2016)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone:
510/832-5001
Facsimile:
510/832-4787
Attorneys for Plaintiffs
WALTER DELSON and NICOLE BROWN-BOOKER
ROBERT R. RIGGS (Bar # 107684)
STEPHEN G. PREONAS (Bar # 245334)
KATZOFF & RIGGS LLP
1500 Park Ave., Suite 300
Emeryville, CA 94608
Tel. No. [phone]
Fax. No. [phone]
Attorneys for Defendants
HEART CONSCIOUSNESS CHURCH,
INC. dba HARBIN HOT SPRINGS,
ROBERT HARTLEY, MARTINA
WOLF and LINDA MILLER, et al.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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WALTER DELSON and NICOLE
BROWN-BOOKER
Plaintiffs,

CASE NO. 3:13-cv-4900 HSG
Civil Rights

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v.

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HARBIN HOT SPRINGS; HEART
CONSCIOUSNESS CHURCH, INC.;
ROBERT HARTLEY; MARTINA WOLF;
LINDA MILLER and DOES 1-20, Inclusive,

STIPULATION AND ORDER TO
CONTINUE THE BRIEFING SCHEDULE
AND HEARING ON DEFENDANTS’
MOTION TO DISMISS

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Defendants.

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Plaintiffs WALTER DELSON and NICOLE BROWN-BOOKER and defendant HEART
CONSCIOUSNESS CHURCH, INC. dba HARBIN HOT SPRINGS; ROBERT HARTLEY;
MARTINA WOLF; and LINDA MILLER hereby stipulate to the following, and request the Court
change the hearing date and briefing schedule as specified below:
1. Pursuant to the Court’s December 17, 2015, order, Defendant filed a motion to dismiss
STIP AND [PROP] ORDER TO CONTINUE THE BRIEFING
AND HEARING ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:13-cv-4900 HSG

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(“Defendants’ Motion”) on Monday, December 21, 2015.
2. Also per the Court’s order, the parties have met and conferred regarding the briefing and

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hearing schedule for the motion to dismiss. The parties agree that the briefing and hearing

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schedule as set forth herein is feasible. Counsel shall adhere to these dates and deadlines.

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3. The parties stipulate and hereby request that the briefing and hearing schedule for
Defendant’s motion to dismiss be as follows:

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a. Plaintiffs will notify Defendants in writing, on or before January 11, 2016, of any

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information or discovery which Plaintiffs request as reasonably related to their

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response to Defendants’ Motion. Notice will be given by email and U.S. mail.

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b. Defendants will notify Plaintiffs in writing, on or before January 21, 2016, of

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their response to any timely request received under 3.a. above. Notice will be

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given by email and U.S. mail.

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c. Plaintiffs’ opposition will be due on February 4, 2016.

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d. Defendants’ reply will be due on February 18, 2016.

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e. The hearing will be held at 2:00 pm. on March 3, 2016 in Courtroom 15 on the

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18th Floor, 450 Golden Gate Ave.

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IT IS SO STIPULATED.

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Dated: December 31, 2015

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/s
By CELIA McGUINNESS
Attorneys for Plaintiffs
WALTER DELSON and
NICOLE BROWN-BOOKER

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LAW OFFICES OF PAUL L. REIN

Dated: December 31, 2015

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KATZOFF & RIGGS, LLP
/s
By ROBERT RIGGS
Attorneys for Defendants
HEART CONSCIOUSNESS CHURCH, INC. dba
HARBIN HOT SPRINGS; ROBERT
HARTLEY; MARTINA WOLF and LINDA MILLER

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STIP AND [PROP] ORDER TO CONTINUE THE BRIEFING
AND HEARING ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:13-cv-4900 HSG

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ORDER
GOOD CAUSE BEING SHOWN, and the Stipulation of Counsel appearing, it is HEREBY
ORDERED as follows:

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a. Plaintiffs will notify Defendants in writing, on or before January 11, 2016, of any

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information or discovery which Plaintiffs request as reasonably related to their

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response to Defendants’ Motion. Notice will be given by email and U.S. mail.

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b. Defendants will notify Plaintiffs in writing, on or before January 21, 2016, of

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their response to any timely request received under 3.a. above. Notice will be

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given by email and U.S. mail.

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c. Plaintiffs’ opposition will be due on February 4, 2016.

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d. Defendants’ reply will be due on February 18, 2016.

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e. The hearing will be held at 2:00 pm. on March 3, 2016 in Courtroom 15 on the

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18th Floor, 450 Golden Gate Ave.

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Dated: January 4, 2016
U.S. DISTRICT JUDGE HAYWOOD S. GILLIAM, JR.

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STIP AND [PROP] ORDER TO CONTINUE THE BRIEFING
AND HEARING ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:13-cv-4900 HSG

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1, I hereby attest that on December 31, 2015, I Robert

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R. Riggs with Katzoff & Riggs LLP, received the concurrence of Celia McGuinness,

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attorney with The Law Office of Paul L. Rein, in the filing of this document.

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/s
Robert R. Riggs

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STIP AND [PROP] ORDER TO CONTINUE THE BRIEFING
AND HEARING ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. 3:13-cv-4900 HSG

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