Keilholtz et al v. Superior Fireplace Company et al

Filing 49

ORDER continuing motion to 11/21/08. Signed by Judge Illston on 9/29/08. (ts, COURT STAFF) (Filed on 9/29/2008)

Case 3:08-cv-00836-SI

Document 48

Filed 09/24/2008

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CLAYEO C. ARNOLD A Professional Corporation Clayeo C. Arnold, SBN 65070 Kirk J. Wolden, SBN 138902 608 University Avenue Sacramento, CA 95825 Telephone: [phone] Fax: [phone] Attorneys for the Class

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)

KIRK KEILHOLTZ and KOLLEEN KEILHOLTZ for themselves and on behalf of those similarly situated,

) ) ) ) Plaintiffs, ) ) vs. ) ) SUPERIOR FIREPLACE COMPANY; ) LENNOX HEARTH PRODUCTS, INC.; ) LENNOX INTERNATIONAL, INC. and ) DOES 1 through 25, Inclusive, ) ) Defendants. ) ____________________________ )

No. CV 08-00836 SI [PROPOSED] STIPULATION AND ORDER CONTINUING BRIEFING AND HEARING DATE ON DEFENDANTS' MOTION TO DISMISS PURSUANT TO F.R.C.P. RULE 12 (B)(6) AND (9)

WHEREAS, due to a calendaring oversight, plaintiffs were unable to timely file and serve their opposition to defendants' motion to dismiss pursuant to F.R.C.P. Rule 12 (b)(6) and (9), the parties through their counsel have agreed and stipulate as follows: Defendants' pending motion to dismiss pursuant to F.R.C.P. Rule 12 (B)(6) and (9), currently scheduled for hearing on October 3, 2008 is continued until November 21, 2008 at 9:00 a.m. before the Hon. Judge Susan Illston. Defendants' reply papers shall be filed and served at least fourteen (14) days prior to the date for the continued hearing.

Stip and Order Re: Motion To Dismiss Hearing

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Case 3:08-cv-00836-SI

Document 48

Filed 09/24/2008

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IT IS SO STIPULATED. Dated: September 23, 2008 CLAYEO C. ARNOLD A Professional Law Corporation

By: ____/SS/_____________________ KIRK J. WOLDEN Attorneys for the CLASS Dated: September 23, 2008 DOWNEY BRAND LLP

By: ____/SS/______________________ MICHAEL J. THOMAS Attorneys for the Defendant SUPERIOR FIREPLACE COMPANY; LENNOX HEARTH PRODUCTS INC.; and LENNOX INTERNATIONAL INC.

IT IS SO ORDERED. ________________________________ SUSAN ILLSTON United States District Court Judge

Stip and Order Re: Motion To Dismiss Hearing

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