Options National Fertility Registry v. The American Society for Reproductive Medicine et al

Filing 76

ORDER STAYING ACTION TO PERMIT PLAINTIFF OPTIONS NATIONAL FERTILITY REGISTRY TO RETAIN NEW COUNSEL; RESETTING HEARING AND BRIEFING SCHEDULE ON PENDING MOTION TO DISMISS; AND RESETTING CASE MANAGEMENT CONFERENCE. The Motion Hearing and Case Management Conference set for 9/25/2009 are CONTINUED to 11/20/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/8/2009. (jflc2, COURT STAFF) (Filed on 9/8/2009)

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1 2 3 4 5 6 7 8 **E-Filed 9/8/2009** IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C a s e No. C 07-5238 JF (HRL) O R D E R STAYING ACTION TO PERMIT PLAINTIFF OPTIONS NATIONAL FERTILITY REGISTRY ETC. ( JF L C 2 ) Case Number C 07-5238 JF (HRL) OPTIONS NATIONAL FERTILITY REGISTRY, a California Corporation; and JESSICA and a class of similarly situated persons, Plaintiffs, v. AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE; SOCIETY FOR ASSISTED REPRODUCTIVE TECHNOLOGY; DOES 1-102 (REGISTERED INFERTILITY PHYSICIANS) and DOES 103-1500 (FERTILITY CLINICS AND ASSOCIATED PROFESSIONAL DEFENDANTS), Defendants. ORDER STAYING ACTION TO PERMIT PLAINTIFF OPTIONS NATIONAL FERTILITY REGISTRY TO RETAIN NEW COUNSEL; RESETTING HEARING AND BRIEFING SCHEDULE ON PENDING MOTION TO DISMISS; AND RESETTING CASE MANAGEMENT CONFERENCE On August 30, 2009, counsel for Plaintiff Options National Fertility Registry ("Options") filed a status report informing the Court that he has been placed on inactive status by the State Bar of California, and requesting that the Court stay this action for ninety days to permit Options to retain new counsel. On September 3, 2009, an individual named Teri Royal, 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 purporting to act for Options, filed a copy of correspondence between herself and defense counsel in which Ms. Royal requested a sixty-day stay so that Options could retain new counsel. Defense counsel subsequently contacted the Court by telephone and suggested that the pending motion to dismiss, currently set for hearing on September 25, 2009, be continued to November 20, 2009. Accordingly, for good cause shown and without objection by Defendants, the Court hereby STAYS this action for until November 6, 2009 and RESETS the hearing on the motion to dismiss for November 20, 2009 at 9:00 a.m. Any opposition to the motion shall be filed on or before November 6, 2009, and any reply shall be filed on or before November 13, 2009. The Case Management Conference set for September 25, 2009 is continued to November 20, 2009 at 9:00 a.m. immediately following the hearing on the motion. IT IS SO ORDERED. DATED: September 8, 2009 JEREMY FOGEL United States District Judge 2 C a s e No. C 07-5238 JF (HRL) O R D E R STAYING ACTION TO PERMIT PLAINTIFF OPTIONS NATIONAL FERTILITY REGISTRY ETC. ( JF L C 2 ) 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 This Order has been served upon the following persons: Catherine Mi Lee c.lee@mpglaw.com Stanley G. Hilton FROG727@AOL.COM, froggg333@comcast.net, mscarver@aol.com, STAVROS3589@AOL.COM Teri Royal @ fax number 714-799-13141 Although Ms. Royal is not a party to the action, the Court has provided her with a courtesy copy of the instant order in light of her representations regarding her authority to act on behalf of Options. 3 C a s e No. C 07-5238 JF (HRL) O R D E R STAYING ACTION TO PERMIT PLAINTIFF OPTIONS NATIONAL FERTILITY REGISTRY ETC. ( JF L C 2 ) 1

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