Schulthies et al v. National Passenger Railroad Corporation

Filing 38

ORDER re 37 GRANTING AS MODIFIED STIPULATION To Enlarge Time For Plaintiff To File Opposition To Defendants' 12(b)(6) Motion To Dismiss Plaintiff's Second Amended Complaint. Motion Hearing set for 12/17/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/29/09. (scc, COURT STAFF) (Filed on 10/29/2009)

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1166P207TCS

PAMELA Y. PRICE, ESQ. (STATE BAR NO. 107713) TEL CARY-SADLER, ESQ. (STATE BAR NO. 236536) PRICE AND ASSOCIATES A Professional Law Corporation The Latham Square Building 1611 Telegraph Avenue, Suite 1450 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff MARK K. SCHULTHIES

UNITED STATES DISTRICT COURT NORTH ERN DISTRICT OF CALIFORNIA

MARK K. SCHULTHIES,

) ) ) ) Plaintiff, ) ) v. ) ) NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK, JOSEPH ) ) W. DEELY, STEVEN SHELTON, and ) DOES 1 through 15 inclusive, ) ) Defendants. ____________________________________ )

NO. C08-5538 CW STIPULATION AND ORDER TO ENLARGE TIME FOR PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' 12(b)(6) MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

The parties, having met and conferred by and through their respective counsel, hereby stipulate that the Court may issue an Order to move the hearing date for Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's Second Amended Complaint in this action and enlarge the time for Plaintiff's Opposition Brief up to and including fourteen (14) days prior to the hearing. The parties agree that the hearing date scheduled for November 19, 2009, at 2:00 p.m., may be continued to December 3, 2009, at 2:00 p.m., and Plaintiff's Opposition Brief may be filed and -1STIPULATION AND ORDER (C08-5538 CW)

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served up to and including fourteen (14) days prior to the hearing. Good cause exists for this Stipulation and brief continuance of the hearing to allow Plaintiff additional time to prepare his Opposition Brief because after Defendants' motion was filed on October 9, 2009, Plaintiff's lead counsel was required to travel out of the country for a family obligation from October 20, 2009 to October 27, 2009. IT IS SO STIPULATED. Dated: October 28, 2009
P R I C E AND ASSOCIATES

PAM ELA Y. P RICE, Attorn eys for Plaintiff

/s/ Pamela Y . Price

MARK K. SCHULTHIES

Dated: October 28, 2009

JACK SON LEWIS LLP /s/ Dylan Carp DYLAN CARP, Attorney for Defendants NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK, JOSEPH W. DEELY and STEVEN SHELTON ORDER

Pursuant to the foregoing stipulation of the parties and good cause appearing therefore, IT IS HEREBY ORDERED that the hearing date for Defendants' Motion to Dismiss shall be continued to December 17, 2009. Plaintiff's Opposition Brief shall be e-filed by November 20, 2009. Reply Dec. 3. Dated: October 29, 2009 HONORABLE CLAUDIA WILKEN U.S. DISTRICT COURT JUDGE

-2STIPULATION AND ORDER (C08-5538 CW)