Shropshire v. Canning

Filing 52

ORDER re 45 Granting Stipulation to Rule on Motion to Dismiss. A Motion Hearing is set for January 13, 2011 at 1:30pm, with a Case Management Conference to follow. All other motions are dismissed without prejudice and are terminated: 21 MOTION to Dismiss MOTION to Change Venue filed by Aubrey Canning, Jr., 20 MOTION to Change Venue MOTION to Appear by Telephone filed by Aubrey Canning, Jr., 26 MOTION for More Definite Statement filed by Aubrey Canning, Jr., 36 First MOTION for Summary Judgment filed by Elmo Shropshire. Signed by Judge Koh on 11/23/2010. (lhklc3, COURT STAFF) (Filed on 11/23/2010)

Shropshire v. Canning

Doc. 52

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 v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELMO SHROPSHIRE, D/B/A ELMO PUBLISHING, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-01941-LHK ORDER GRANTING JOINT STIPULATION TO RULE ON DEFENDANT'S MOTION TO DISMISS IN ADVANCE OF RULING ON ANY MOTION FOR SUMMARY JUDGMENT

AUBREY CANNING, JR., Defendant.

The Court's October 6, 2010 Case Management Order set a dispositive motion briefing schedule and set a hearing for January 13, 2011. Prior to that Order, both parties submitted multiple voluminous and improperly filed motions. Since the October 6, 2010 Order, Plaintiff has filed a purported amended complaint (October 18, 2010), an improperly noticed motion for summary judgment (October 26, 2010), an appendix to the motion for summary judgment (October 27, 2010), and an appendix to the purported amended complaint (November 2, 2010). Defendant has filed a first set of request for admissions (October 25, 2010), a motion to dismiss the purported amended complaint (October 27, 2010), and a "corrected" motion to dismiss the purported amended complaint (November 1, 2010). In addition, on November 8, 2010, notice was given that Mount & Stoekler, PC, is now appearing as counsel of record for Plaintiff. Previously, both Plaintiff and Defendant appeared pro se. 1
Case No.: 10-CV-01941-LHK ORDER GRANTING JOINT STIPULATION TO RULE ON MOTION TO DISMISS
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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

The parties have agreed to the Court's ruling on Defendant's motion to dismiss the first amended complaint prior to ruling on any motion for summary judgment. See Dkt. 45. In order to streamline this litigation, the Court GRANTS the parties' joint stipulation to rule on Defendant's motion to dismiss [Dkt. #42] in advance of ruling upon any motion for summary judgment. Defendant filed his corrected motion to dismiss on November 1, 2010, and Plaintiff, via counsel, filed an Opposition on November 17, 2010. Defendant has yet to file a Reply. Accordingly, the Court shall set a hearing on Defendant's motion to dismiss Plaintiff's amended complaint for Thursday, January 13, 2011 at 1:30 p.m. Defendant's Reply to Plaintiff's Opposition, if any, is due by Thursday, December 16, 2010. All other motions are denied without prejudice. A Case Management Conference is set for January 13, 2011 to follow the hearing. IT IS SO ORDERED.

Dated: November 23, 2010

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 10-CV-01941-LHK ORDER GRANTING JOINT STIPULATION TO RULE ON MOTION TO DISMISS