Corbin v. Secress et al

Filing 13

ORDER CONTINUING HEARING DATES AND GRANTING 12 PLAINTIFFS REQUEST TO ENLARGE TIME: Responses due by 2/8/2013; Replies due by 2/19/2013 as to 6 MOTION to Dismiss. Motion Hearing continues to 3/12/2013 02:00 PM before Hon. Yvonne Gonzalez Rogers as to 8 First MOTION to Remand, 6 MOTION to Dismiss.. Signed by Judge Yvonne Gonzalez Rogers on 2/6/2013. (Attachments: # 1 Certificate/Proof of Service)(cpS, COURT STAFF) (Filed on 2/6/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 PATRICIA CORBIN, 9 Plaintiff, 10 United States District Court Northern District of California 11 12 Case No.: 4:12-cv-06424-YGR ORDER CONTINUING HEARING DATES AND GRANTING PLAINTIFF’S REQUEST TO ENLARGE TIME vs. AMY RENEE SECRESS, ANNA B. ALLEN, and MARY COLLEEN ALLEN, 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Mary Allen has filed a Motion to Dismiss Plaintiff’s Complaint (“Motion to Dismiss”) and noticed it for hearing on February 12, 2013. (Dkt. No. 6.) Plaintiff failed to file a timely opposition and has filed a request to enlarge time that would allow Plaintiff time to file an opposition. (Dkt. No. 12.) Plaintiff’s request also seeks to continue the hearing on the Motion to Dismiss until February 26. Plaintiff has filed a Motion to Remand and noticed it for hearing on February 26, 2013. (Dkt. No. 8.) The briefing on the Motion to Remand is not yet complete. The Court hereby GRANTS Plaintiff’s request to enlarge time regarding the Motion to Dismiss. There is a strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986). Plaintiff is hereby ORDERED to file an opposition to the Motion to Dismiss by February 8, 2013. Defendant Mary Allen may file a reply no later than February 19, 2013. The briefing schedule on the Motion to Remand is unaffected by this Order. 1 For reasons of judicial efficiency and docket management, the Court hereby CONTINUES the 2 hearings on the Motion to Dismiss and Motion to Remand to Tuesday, March 12, 2013 at 2:00 p.m. 3 This Order terminates Dkt. No. 12. 4 IT IS SO ORDERED. 5 6 7 Dated: February 6, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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