Shepherd et al v. S3 Partners, LLC et al

Filing 36

ORDER by Judge Whyte granting 28 Motion to Dismiss with 30 days leave to amend; CMC is continued to January 29, 2010 at 10:30 a.m. (rmwlc3, COURT STAFF) (Filed on 12/4/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND--No. C-09-01405 RMW DWR/ter E-FILED on 12/4/09 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MARK SHEPHERD and DELIA SHEPHERD, Plaintiffs, v. S3 PARTNERS, LLC; et al., Defendants. No. C-09-01405 RMW ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND [Re Docket No. 28] The motion to dismiss by defendants S3 Partners, LLC, The Shields Foundation, Northwest Consulting Group, LLC, Livingstone Capital, Stagecoach Retail, LLC, Sonterra Retail Center, LLC, Melvin Russell Shields, and Chastan Shields came on for hearing before the court on December 4, 2009. Plaintiffs opposed the motion. The court has considered the papers submitted by the parties and the arguments of counsel at the hearing, and for the reasons stated at the hearing, the motion is granted. Plaintiffs shall have thirty days leave to amend. The case management conference is continued to January 29, 2010 at 10:30 a.m. DATED: 12/4/09 RONALD M. WHYTE United States District Judge 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for Plaintiffs: Paul E. Rice price@civlit.com Counsel for Defendants: Gregory J. Charles Lance Burrow Christian E. Picone gcharles@campeaulaw.com l ance@burrow-law.com christian.picone@berliner.com Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 12/4/09 TER Chambers of Judge Whyte ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND--No. C-09-01405 RMW DWR/ter 2

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