Scott Fitzgerald v. Bosco Credit, LLC et al

Filing 25

ORDER by Magistrate Judge Maria-Elena James granting 24 Stipulation to Continue Hearings on Motions to Dismiss First Amended Complaint. (rmm2S, COURT STAFF) (Filed on 5/25/2016)

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1 2 3 4 5 6 Lawrence J. Dreyfuss, Bar No. 76277 Bruce W. Dannemeyer, Bar No. 107243 THE DREYFUSS FIRM A Professional Law Corporation 2 Venture, Suite 450 Irvine, California 92618 Telephone (949) 727-0977; Facsimile (949) 450-0668 Attorneys for Defendant T.D. Service Financial Corporation 7 8 UNITED STATES DISTRICT OF COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SCOTT FITZGERALD, an individual, 12 13 14 15 16 17 18 Plaintiffs, vs. BOSCO CREDIT, LLC, a business entity; FRANKLIN CREDIT MANAGEMENT CORP., a business entity; T.D. SERVICE FINANCIAL CORPORATION, business entity; and DOES 1 through 50, inclusive Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:16-cv-01473-MEJ STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED COMPLAINT; ORDER Current Date: June 30, 2016 Proposed Date: July 14, 2016 Time: 10:00 a.m. Ctrm: B 19 20 The motion by T.D. Service Company to dismiss plaintiff’s First Amended Complaint 21 was scheduled for June 16, 2016. On May 20, 2016 the court continued that hearing to June 30, 22 2016 so that it would be heard concurrently with the motion to dismiss filed by defendants 23 Franklin Credit management Corp. and Bosco Credit LLC. However, Lawrence Dreyfuss, 24 counsel for T.D. Service Company has a prepaid vacation scheduled for June 26 through July 10, 25 2016 so he is unavailable on June 30. The attorneys in this matter have conferred and have 26 agreed to postpone the hearings, subject to court approval, to July 14, 2016, when all three 27 attorneys are currently available. 28 STIPULATION & ORDER TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED COMPLAINT 1 1 It is therefore hereby stipulated by all counsel of record that the hearings on the motions 2 to dismiss plaintiff’s First Amended Complaint be continued to July 14, 2016 at 10:00 a.m. in 3 Courtroom B of the United States District Court for the Northern District of California. 4 5 DATED: May 25, 2016 6 MELLEN LAW FIRM By: 7 8 /s/Jessica Galleta Jessica Galleta Attorneys for Plaintiff Scott Fitzgerald 9 10 DATED: May 25, 2016 THE WOLF FIRM By: 11 12 13 /s/Abe G. Salen Abe G. Salen Attorneys for Defendants Frankline Credit Management Corp. and Bosco Credit, LLC 14 15 DATED: May 25, 2016 16 By: 17 18 19 20 21 22 23 24 25 26 27 THE DREYFUSS FIRM A Professional Law Corporation /s/Lawrence J. Dreyfuss Lawrence J. Dreyfuss Attorneys for Defendant T.D. Service Company GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that the hearings on the motions by T.D. Service Company and by Franklin Credit Management Corp. and Bosco Credit, LLC to dismiss plaintiff’s First Amended Complaint are hereby continued to July 14, 2016 at 10:00 a.m. in Courtroom B of the United States District Court for the Northern District of California. Briefing deadlines are again unaffected. May 25, 2016 Dated: ____________________ __________________________________ MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE 28 STIPULATION & ORDER TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED COMPLAINT 2 1 PROOF OF SERVICE (CCP Section 1013a(3)) 2 3 4 5 I am over the age of 18, and I am not a party to the within action. I am employed by THE DREYFUSS FIRM. PLC, in the County of Orange, at 2 Venture, Suite 450, Irvine, CA 92618. On May 25, 2016, I served the attached: STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED COMPLAINT; ORDER THEREON on the interested parties in this action by placing true copies thereof in sealed envelopes, addressed as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Jessica Galleta Mellen Law Firm 411 Borel Avenue, Suite 230 San Mateo, CA 94402 Tel: (650) 638-0120 Attorneys for Plaintiff Abe G. Salen The Wolf Firm 2955 Main Street, Second Floor Irvine, CA 92614 Tel: (949) 720-9200 Attorneys for Defendant Franklin Credit Management Corp. and Bosco Credit, LLC [ ] (By Mail) I placed said envelopes for collection and mailing, following ordinary business practices, at the business offices of THE DREYFUSS FIRM, PLC at the address set forth above, for deposit in the United States Postal Service. I am readily familiar with the practice of THE DREYFUSS FIRM, PLC for collection and processing of correspondence for mailing with the United States Postal Service, and said envelopes will be deposited with the United States Postal Service on said date in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ X ] (CM/ECF System) Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CM/ECF Systems, which sent notification of that filing to the person(s) listed above. 20 21 22 I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare, under penalty of perjury under the laws of the United States of America and the State of California, that the above is true and correct. Executed on May 25, 2016, at Irvine, California. 23 24 /s/Laura Clawson Laura Clawson 25 26 27 28 1040-3064 STIPULATION & ORDER TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED COMPLAINT 3

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