Keilholtz et al v. Superior Fireplace Company et al

Filing 69

ORDER continuing motion to dismiss to 2/6/09. (motion to compel and case management conference remain on 12/12/08). Signed by Judge Illston on 11/5/08. (ts, COURT STAFF) (Filed on 11/5/2008)

Case 3:08-cv-00836-SI

Document 67

Filed 11/04/2008

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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 the need to conduct further discovery and the pendency of motions to compel discovery which plaintiffs assert are necessary to oppose defendant Lennox International, Inc.'s ("LII") motion to dismiss for lack of personal jurisdiction, the parties, through their counsel, have agreed and stipulate as follows: Defendant LII's' pending motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2), which is scheduled for November 21, 2008, is continued until February 6, 2009, at 9:00 a.m., before the Hon. Judge Susan Illston. Plaintiffs' opposition shall be filed and served at least twenty one (21) days before the date for the continued hearing. Defendants'

Stip and Order Re: Motion To Dismiss Hearing

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Case 3:08-cv-00836-SI

Document 67

Filed 11/04/2008

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reply papers shall be filed and served at least fourteen (14) days prior to the date for the continued hearing. IT IS SO STIPULATED. Dated: November 3, 2008 CLAYEO C. ARNOLD A Professional Law Corporation

By: ____/SS/_____________________ KIRK J. WOLDEN Attorneys for the CLASS Dated: November 3, 2008 DOWNEY BRAND LLP

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

IT IS SO ORDERED. Dated:______________________ ________________________________ SUSAN Y. ILLSTON United States District Court Judge

Stip and Order Re: Motion To Dismiss Hearing

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