Ford Motor Credit Companym, LLC v. Lewis Family Enterprises, Inc.

Filing 115

ORDER re 114 Stipulation. Signed by Judge Seeborg on 1/8/2010. (rslc1, COURT STAFF) (Filed on 1/8/2010)

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MARK JOSEPH KENNEY (State Bar No. 87345) DUANE M. GECK (State Bar No. 114823) DONALD H. CRAM (State Bar No. 160004) SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Ford Motor Company, and Ford Motor Credit Company LLC

**E-FILED 1/8/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

11 FORD MOTOR CREDIT COMPANY LLC, a Delaware limited liability company, 12 Plaintiff, 13 vs. 14 LEWIS FAMILY ENTERPRISES, INC., dba 15 BOB LEWIS LINCOLN MERCURY, a California corporation, and STEVEN ROBERT 16 LEWIS, an individual, Defendants. 17 18 AND RELATED CROSS-ACTION 19 LEWIS FAMILY ENTERPRISES, INC., dba 20 BOB LEWIS LINCOLN MERCURY, a California corporation, and STEVEN ROBERT LEWIS, an individual, 21 Cross-Complainants, 22 vs. 23 FORD MOTOR CREDIT COMPANY LLC, a 24 Delaware limited liability company; FORD MOTOR COMPANY, a Delaware corporation; 25 CAPITAL EXPRESSWAY FORD, INC., a Delaware corporation, 26 Cross-Defendants. 27 28
10872/0122/782703.1

Case No.: C 07-03301 RS [PROPOSED] ORDER APPROVING STIPULATION RESOLVING "EX PARTE APPLICATION" AND VACATING TRIAL DATE AND CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT (as modified by the Court) Judge: Hon. Richard Seeborg Complaint Date: June 22, 2007 Trial Date: March 15, 2010

ORDER APPROVING STIPULATION RESOLVING EX PARTE APPLICATION AND VACATING TRIAL DATE AND CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT CASE NO.: C 07-03301 RS

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The Court after reviewing the Stipulation Resolving "Ex Parte Application" and Request for Order Vacating Trial Date and Continuing Hearing on Motions for Summary Judgment ("Stipulation"), and for good cause appearing, makes the following order: IT IS HEREBY ORDERED that the Stipulation is approved. IT IS FURTHER ORDERED that: a. The hearing on the motions for summary judgment filed by Capital Expressway Ford, Inc. ("CEF"), Cross-Defendants, Ford Motor Company ("Ford") and Plaintiff and Cross-Defendant, Ford Motor Credit Company LLC ("Ford Credit"), currently scheduled to be heard on January 27, 2010 at 9:30 a.m. shall be continued to March 10, 2010 at 9:30 a.m.; b. Defendants and Cross-Complainants, Lewis Family Enterprise, Inc. ("Lewis Family") and Steven Robert Lewis ("Lewis") shall file and serve opposition to the motions for summary judgment on or before February 10, 2010; c. CEF, Ford and Ford Credit shall file and serve any reply on or before February 25, 2010; d. The trial date of March 15, 2010, the final pretrial conference date of March 3, 2010, and all other remaining pretrial deadlines shall be vacated subject to being reset at the continued hearing on March 10, 2010; and e.
Pursuant to Civil Local Rule 6-3, matters of this nature are not set for hearing, absent court order. Accordingly, any notice given that the "ex parte application" would be heard on January 13, 2009, was of no effect and the matter was not calendared for hearing on that or any other date.

DATED:

January 8, 2010

___________________________________________ Hon. Richard Seeborg United States District Judge

10872/0122/782703.1

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ORDER APPROVING STIPULATION RESOLVING EX PARTE APPLICATION AND VACATING TRIAL DATE AND CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT CASE NO.: C 07-03301 RS