Kathleen Marchetti v. State of California Department of Motor Vehicles et al

Filing 48

ORDER TO CONTINUE THE HEARING ON MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE FROM MAY 4, 2016, TO MAY 11, 2016 granting 45 STIPULATION. Case Management Conference and hearing as to 25 , 28 , 34 MOTION to Dismiss reset for 5/11/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 04/29/2016. (jmdS, COURT STAFF) (Filed on 4/29/2016)

LEWIS BRISBOIS BISGAARD & SMITH LLP
1 PAMELA M. FERGUSON, SB# 202587
Email: [e-mail]
2 MARK F. RAM, SB# 294050
Email: [e-mail]
3 333 Bush Street, Suite 1100
San Francisco, California 94104-2872
4 Telephone: [phone]
Facsimile: 415.434.0882
5
Attorneys for Defendant
6 ALLIANCE ONE RECEIVABLES MANAGEMENT INC., ERRONEOUSLY SUED HEREIN AS ALLIANCE
ONE
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 KATHLEEN MARCHETTI, an individual,

CASE NO. 3:15-CV-05523-WHO

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STIPULATION AND ORDER TO CONTINUE THE
HEARING ON MOTIONS TO DISMISS AND CASE
MANAGEMENT CONFERENCE FROM MAY 4,
2016, TO MAY 11, 2016

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Plaintiff,
vs.

14 STATE OF CALIFORNIA, by and through
the Department of Motor Vehicles, a public
15 entity,
SUPERIOR
COURT
OF
CALIFORNIA, a public entity, CLERK OF
16 THE
SUPERIOR
COURT
OF
CALIFORNIA, a public entity, THE
17 CALIFORNIA JUDICIAL COUNCIL, a
public entity, TIM LNU, Clerk of the
18 Superior Court, JEANNETTE LNU, Clerk of
the Superior Court, ALLIANCE ONE,
19
Defendant.
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Plaintiff KATHLEEN MARCHETTI (“Plaintiff”) and Defendants STATE OF

23 CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES (“DMV”), SUPERIOR COURT OF
24 CALIFORNIA, a public entity, CLERK OF THE SUPERIOR COURT OF CALIFORNIA, a
25 public entity, THE CALIFORNIA JUDICIAL COUNCIL, a public entity, TIM LNU, Clerk of the
26 Superior Court, JEANNETTE LNU, Clerk of the Superior Court, THE CALIFORNIA JUDICIAL
27 COUNCIL (collectively, “Judicial Defendants”) and ALLIANCEONE RECEIVABLES

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STIPULATION AND ORDER TO CONTINUE HEARING DATES ON MOTIONS TO DISMISS AND CASE
MANAGEMENT CONFERENCE

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1 MANAGEMENT, INC., erroneously sued herein as ALLIANCE ONE (“AllianceOne”)
2 (collectively, “Defendants”) (Plaintiff and Defendants are hereinafter referred to collectively as
3 “the Parties”), together by and through their respective attorneys of record, hereby stipulate as
4 follows:
5

WHEREAS on February 26, 2016, DMV filed a motion to dismiss Plaintiff’s Complaint,

6 pursuant to FRCP 12(b)(1) and 12(b)(6), originally scheduled for hearing on April 6, 2016 (Dkt.
7 No. 25);
WHEREAS on March 7, 2016, Judicial Defendants filed a motion to dismiss Plaintiff’s

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9 Complaint, pursuant to FRCP 12(b)(1) and (b)(6), originally scheduled for hearing on April 13,
10 2016 (Dkt. No. 28);
WHEREAS on March 7, 2016, Judicial Defendants filed a Joinder in DMV’s motion to

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12 dismiss Plaintiff’s Complaint, pursuant to FRCP 12 (b)(1) and (b)(6), originally scheduled for
13 hearing on April 6, 2016 (Dkt. No. 29);
WHEREAS on March 9, 2016, this Honorable Court issued a Clerk’s Notice rescheduling

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15 DMV’s hearing on its motion to dismiss from April 6, 2016, to April 13, 2016 (Dkt. No. 30);
WHEREAS on March 18, 2016, AllianceOne filed a motion to dismiss Plaintiff’s

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17 Complaint, pursuant to FRCP 12(b)(1) and (b)(6), originally scheduled for hearing on May 4,
18 2016 (Dkt. No. 34);
WHEREAS on April 4, 2016, this Honorable Court issued a Clerk’s Notice rescheduling

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20 the hearing on DMV’s and Judicial Defendants’ motion to dismiss and Case Management
21 Conference from April 13, 2016, to May 4, 2016 (Dkt. No. 42);
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WHEREAS lead counsel for AllianceOne has a conflict on May 4, 2016, due to another

23 Court (California Superior Court, County of Alameda) advancing a hearing time from May 4,
24 2016, at 9:00 a.m., to May 4, 2016, at 3:00 p.m.
25 / / /
26 / / /
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STIPULATION AND ORDER TO CONTINUE HEARING DATES ON MOTIONS TO DISMISS AND CASE
MANAGEMENT CONFERENCE

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THEREFORE IT IS STIPULATED by and between the Parties that the hearings on the

6 motions to dismiss and Case Management Conference be rescheduled from May 4, 2016, at 2:00
7 p.m., to May 11, 2016, at 2:00 p.m., or such date thereafter per the Court’s availability.
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IT IS SO STIPULATED.
DATED: April 29, 2016

LEWIS BRISBOIS BISGAARD & SMITH
By:

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14 DATED: April 29, 2016
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LLP

/s/ Pamela M. Ferguson
Pamela M. Ferguson
Mark F. Ram
Attorneys for Defendant
ALLIANCE ONE RECEIVABLES MANAGEMENT
INC., ERRONEOUSLY SUED HEREIN AS ALLIANCE
ONE
MURRAY & ASSOCIATES

By:

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/s/ Lawrence Dale Murray
Lawrence Dale Murray, Esq.
Attorneys for Plaintiff
Kathleen Marchetti

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DATED: April 29, 2016

OFFICE OF THE ATTORNEY GENERAL
By:

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/s/ Raymond W. Hamilton
Raymond W. Hamilton, Esq.
Attorneys for Defendant
State of California Department of Motor Vehicles

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DATED: April 29, 2016

SEDGWICK LLP
By:

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/s/ Sean Patterson
Michael L. Fox, Esq.
Sean Patterson, Esq.
Attorneys for Defendant
The California Judicial Council, et al.

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3:15-CV-05523-WHO
STIPULATION AND ORDER TO CONTINUE HEARING DATES ON MOTIONS TO DISMISS AND CASE
MANAGEMENT CONFERENCE

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FILER ATTESTATION

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2

Pursuant to Civil Local Rule 5.1(i)(3), I, Pamela M. Ferguson, attest under penalty of

3 perjury that concurrence in the filing of this document has been obtained from all of the
4 signatories.
5 DATED: April 29, 2016
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/s/ Pamela M. Ferguson
Pamela M. Ferguson

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ORDER
Based on the foregoing stipulation of the Parties THE COURT HEREBY ORDERS

3 AND DECREES that the hearing on the Defendants’ Motions to Dismiss Plaintiff’s Complaint,
4 and the Case Management Conference currently scheduled for May 4, 2016, shall be rescheduled
5 to May 11, 2016, at 2:00 p.m.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 29, 2016
UNITED
JUDGE

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STATES

DISTRICT

COURT

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3:15-CV-05523-WHO
ORDER TO CONTINUE HEARING DATES ON MOTIONS TO DISMISS AND CASE MANAGEMENT
CONFERENCE

4836-4829-4193.1