Schulthies et al v. National Passenger Railroad Corporation

Filing 42

ORDER re 40 granting as modified Stipulated Request for Order Continuing Hearing and Briefing on Defendants' Motion to Dismiss. The Hearing on Defendants' Motion to Dismiss is VACATED. Plaintiff's Opposition due 12/17/09; Defendants' Reply due 12/24/09. Signed by Judge Claudia Wilken on 11/25/09. (scc, COURT STAFF) (Filed on 11/25/2009) Modified on 11/30/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Patrick C. Mullin (State Bar No. 72041) Dylan B. Carp (State Bar No. 196846) S. Christine Young (State Bar No. 253964) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NATIONAL PASSENGER RAILROAD CORPORATION, et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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

Case No. C08-05538-CW STIPULATED REQUEST FOR ORDER CONTINUING HEARING AND BRIEFING ON DEFENDANTS' MOTION TO DISMISS; ORDER AS MODIFIED Complaint Filed: 12/10/08 Trial Date: 12/06/10

The parties, having met and conferred by and through their respective counsel, hereby stipulate and request that the Court issue an Order to move the hearing date for Defendants' Motion to Dismiss from December 17, 2009 to January 7, 2010, to extend the deadline for Plaintiff's Opposition Brief to 21 days before the Hearing, and to extend the deadline for Defendants' Reply Brief to 14 days before the Hearing. Good cause exists because Plaintiffs' counsel has been ill for a number of days. IT IS SO STIPULATED.

1
STIPULATED REQUEST FOR ORDER CONTINUING HEARING AND BRIEFING ON DEFENDANTS' MOTION TO DISMISS

Case No. C08-05538-CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: November 18, 2009

PRICE AND ASSOCIATES By: ___s/Pamela Y. Price _____________ Pamela Y. Price Attorneys for Plaintiff MARK K. SCHULTHIES

Dated: November 18, 2009

JACKSON LEWIS LLP

By:

___s/Dylan B. Carp _____________ Patrick C. Mullin Dylan B. Carp S. Christine Young Attorneys for Defendants NATIONAL PASSENGER RAILROAD CORPORATION, JOSEPH DEELY, AND STEVEN SHELTON

ORDER IT IS HEREBY ORDERED that the Hearing on Defendants' Motion to Dismiss is vacated. The deadline for Plaintiff's Opposition Brief is December 17, 2009, and the deadline for Defendants' Reply Brief December 24, 2009. The motion will be decided on the papers. 11/25/09 Dated: ___________ _______________________________ Hon. Claudia Wilken U.S. District Court Judge

2
STIPULATED REQUEST FOR ORDER CONTINUING HEARING AND BRIEFING ON DEFENDANTS' MOTION TO DISMISS

Case No. C08-05538-CW