Blackmon et al v. Tobias

Filing 92

ORDER re 91 Order Referring Motion,, Set Motion and Deadlines/Hearings,, Terminate Deadlines and Hearings,. Signed by Judge ARMSTRONG on 1/10/12. (lrc, COURT STAFF) (Filed on 1/10/2012)

Case4:11-cv-02853-SBA Document91 Filed01/10/12 Page1 of 2

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JAMES BLACKMON, et al.,

Case No: C 11-2853 SBA

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Plaintiffs,
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vs.

ORDER CONTINUING MOTIONS
TO DISMISS AND ORDER OF
REFERENCE

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GLENN TOBIAS, et al.,

Docket 30, 33, 83, 85, 87, 88.

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Defendants.
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On August 12, 2011, Defendants Glenn Tobias, Aldebarron Management Company,

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Infinity Entertainment Inc., and Innerplay Entertainment (“Tobias Defendants”) filed a

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motion to dismiss. Dkt. 30. On August 19, 2011, Defendants Jane Andreae and Enchanted

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Success (“Andreae Defendants”) filed a motion to dismiss and for a more definite

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statement. Dkt. 33. The hearing on these motions is currently scheduled for January 24,

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2012. Dkt. 40.

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On December 12, 2011, counsel of record for the Andrea Defendants1 filed a motion

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to withdraw. Dkt. 83. On December 20, 2011, counsel of record for the Tobias Defendants

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filed a motion to withdraw. Dkt. 85. Neither the Andreae Defendants nor Tobias

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Defendants, however, noticed their motion to withdraw for a hearing as required by Civil

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Local Rule 7-2.

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On December 28, 2011, counsel for Andreae Defendants filed an administrative

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motion requesting that this Court issue an Order granting their request to withdraw. Dkt.

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87. On December 29, 2011, counsel for Tobias Defendants also filed an administrative

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The motion indicates that counsel represents Victoria Andreae and Enchanted
Success. Victoria Andreae is also known as Jane Andreae. Thus, counsel represents the
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Case4:11-cv-02853-SBA Document91 Filed01/10/12 Page2 of 2

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motion requesting that this Court issue an Order granting his request to withdraw. Dkt. 88.

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Defense counsel seek to withdraw before the hearing scheduled for January 24, 2012. Dkt.

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87, 88. Plaintiffs James Blackmon and John Gray (“Plaintiffs”) filed a response to the

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administrative motions, indicating that they object to the timing of the withdrawal of

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counsel for all Defendants in this matter. Dkt. 89. Among other things, Plaintiffs request

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that counsel for Defendants not be permitted to withdraw until after the Motion for Right to

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Attach Order is heard, id., which is currently scheduled to be heard by Magistrate Judge

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Beeler on February 16, 2012. Dkt. 67.

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In light of the foregoing, IT IS ORDERED that the Tobias Defendants’ motion to

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dismiss and the Andreae Defendants’ motion to dismiss and for a more definite statement

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currently scheduled for January 24, 2012 are CONTINUED to March 27, 2012 at 1:00

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p.m. IT IS FURTHER ORDERED that the motions to withdraw (Dkt. 83, 85) are

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REFERRED to Magistrate Judge Beeler for the preparation of a Report and

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Recommendation. See Civ. L.R. 72-1. Magistrate Judge Beeler will determine whether the

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parties must renotice their motions to comply with the requirements of Civil Local Rule 7-

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2, and whether a hearing on the motions is necessary. The parties shall lodge courtesy

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copies of their respective motion papers with Magistrate Judge Beeler within two days of

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this Order. The failure to do so may result in the imposition of sanctions. This Order

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terminates Docket 87 and 88.

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IT IS SO ORDERED.

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Dated: 1/10/12

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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