City of Summerside v. Sussmeier et al

Filing 42

STIPULATION AND ORDER Granting Request for Briefing Schedule as to Dileo Motion to Dismiss re 41 Stipulation. Set/Reset Deadlines 36 MOTION to Dismiss First Amended Complaint: Opposition/Response due by 8/1/2011. Reply due by 8/15/2011. Motion Hearing set for 1/6/2012 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/30/2011. (ecg, COURT STAFF) (Filed on 6/30/2011)

1 KENDALL BRILL & KLIEGER LLP
Bert H. Deixler (70614)
2 Nicholas F Daum (236155)
[e-mail]
3 10100 Santa Monica Blvd., Suite 1725
Los Angeles, California 90067
4 Telephone: [phone]
Facsimile: 310.556.2705
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Attorneys for Plaintiff City of Summerside
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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CITY OF SUMMERSIDE, Prince Edward
12 Island, Canada,

Case No. CV11-00338-EJD

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STIPULATION AND [PROPOSED]
ORDER RE BRIEFING SCHEDULE FOR
DILEO MOTION TO DISMISS

Plaintiff,

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v.
Hon. Edward J. Davila

15 KATRINA BERG SUSSMEIER, FRANK
DILEO, MARK LAMICA, QUINCY
16 KRASHNA, as individuals, STARLINK
PRODUCTIONS, LLC, STARLINK
17 PRODUCTIONS, INC.; DLM
MANAGEMENT GROUP, INC.; DILEO
18 ENTERTAINMENT & TOURING INC.;
DILEO ENTERTAINMENT, INC.; DILEO
19 LAMICA MANAGEMENT GROUP; DLM
GROUP
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Defendants.
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Crtrm.: 1
Trial Date:

Not set

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85773.1

CV11-00338-JF
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR DILEO MOTION TO DISMISS

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Plaintiff City of Summerside (“Summerside”) and Defendants Frank Dileo,

2 Dileo Entertainment & Touring, Inc., and Dileo Entertainment, Inc. (“Dileo
3 Defendants”), through their respective undersigned counsel, hereby stipulate and
4 request entry of an order of the Court as follows:
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WHEREAS, on June 16, 2011, Defendant Frank Dileo filed a Motion to

6 Dismiss pursuant to F.R.C.P. 12(b)(6), currently set for hearing on January 6, 2012 ;
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WHEREAS, Summerside’s opposition to the Motion to Dismiss is currently

8 due to be served and filed on June 30, 2011;
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WHEREAS, the Dileo Defendants have agreed that Summerside may

10 respond to the Dileo Defendants’ Motion to Dismiss at any time prior to August 1,
11 2011, and Frank Dileo may file a reply brief at any time by August 15, 2011;
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NOW, THEREFORE, the Parties hereby agree and stipulate as follows:

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1.

Summerside’s response to the motion to dismiss filed by Frank

14 Dileo shall be filed and served on or before August 1, 2011;
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2.

Frank Dileo may file and serve a reply brief on or before August

16 15, 2011.
17 Dated: June 21, 2011

KENDALL BRILL & KLIEGER LLP

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By: /s/
Nicholas F. Daum
Attorneys for Defendants Loring Ward,
Inc. and Robert Philpott

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85773.1

CV11-00338-JF
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR DILEO MOTION TO DISMISS

1 Dated: June __, 2011

THE MOORE LAW TEAM

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By: /s/
Nicole V. Economou
Attorneys for Defendants Frank Dileo,
Dileo Entertainment & Touring, Inc., and
Dileo Entertainment, Inc.

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[PROPOSED] ORDER

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1.

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Summerside’s response to the motion to dismiss filed by Frank Dileo

11 shall be filed and served on or before August 1, 2011.

2.

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Frank Dileo may file and serve a reply brief on or before August 15,

13 2011.
14 IT IS SO ORDERED
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16 Dated:

June 30, 2011

Hon. Edward J. Davila
Judge, United States District Court

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85773.1

CV11-00338-JF
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR DILEO MOTION TO DISMISS