Shropshire v. Canning

Filing 75

ORDER re 73 Granting in Part Stipulation to Extend Hearing Date and Briefing Schedule. The June 9, 2011 Motion Hearing is continued to July 28, 2011 at 1:30 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 4/18/2011. (lhklc3, COURT STAFF) (Filed on 4/18/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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ELMO SHROPSHIRE, D/B/A ELMO
PUBLISHING,

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Plaintiff,
v.
AUBREY CANNING, JR.,
Defendant.

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Case No.: 10-CV-01941-LHK
ORDER GRANTING IN PART
STIPULATION TO EXTEND BRIEFING
SCHEDULE AND HEARING DATE
REGARDING DEFENDANT’S MOTION
TO DISMISS
(re: dkt. #73)

On March 17, 2011, Defendant filed a motion to dismiss, which is noticed for a hearing

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date of June 9, 2011. On April 7, 2011, the Court set an expedited briefing schedule on that motion

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as follows: Plaintiff’s opposition is due by April 27, 2011, and Defendant’s reply is due by May 6,

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2011. On April 13, 2011, Plaintiff filed a notice of substitution counsel, which the Court granted

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that same day.

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The parties have now filed a joint stipulation to extend the briefing schedule and hearing

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date regarding Defendant’s motion to dismiss on the ground that Plaintiff’s new law firm (DLA

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Piper LLP) requires additional time to evaluate the lawsuit. See Dkt. #73. Plaintiff requests a May

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18, 2011 deadline to file the opposition, while Defendant seeks to file the reply pursuant to Civil

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Local Rule 7-3 (i.e., not less than 14 days before the hearing date). The parties also jointly request

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Case No.: 10-CV-01941-LHK
ORDER GRANTING IN PART STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE

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a new hearing date that will allow sufficient time for Plaintiff to file its opposition by May 18,

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2011.

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The parties’ stipulated request for an extension is GRANTED as follows. Plaintiff’s

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deadline to file the opposition to the motion to dismiss is now May 18, 2011, while Defendant’s

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deadline to file the reply is now June 3, 2011. The hearing on the motion to dismiss is continued to

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Thursday, July 28, 2011 at 1:30 p.m.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: April 18, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-01941-LHK
ORDER GRANTING IN PART STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE