Garcia v. Dalton et al

Filing 11

STIPULATION AND ORDER re 10 STIPULATION WITH PROPOSED ORDER re 9 MOTION to Change Venue filed by The Law Offices of Andrea Dalton LLP, Andrea Dalton. Opposition papers due by 12/19/2013. Replies due by 12/31/2013. Motion Hearing set for 1/14/2014 at 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Signed by Magistrate Judge Howard R. Lloyd on 12/6/2013. (hrllc1, COURT STAFF) (Filed on 12/6/2013)

1 Gregory P. Arakawa (State Bar No. 159023)
Alicia R. Kennon (State Bar No. 240569)
2 WOOD, SMITH, HENNING & BERMAN LLP
1401 Willow Pass Road, Suite 700
3 Concord, California 94520-7982
Phone: [phone] ♦ Fax: [phone]
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5 Dennis B. Polk (Colo. State Bar No. 8777)
HOLLEY, ALBERTSON & POLK, P.C.
6 1667 Cole Blvd., Bldg. 19, Ste. 010
Golden, Colorado 80401
7 Phone: [phone] ♦ Fax: [phone]
8 (Admitted Pro Hac Vice)

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Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

9 Attorneys for Defendant ANDREA DALTON and
THE LAW OFFICE OF ANDREA DALTON, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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RACHEL GARCIA,
Plaintiff,

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v.

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ANDREA DALTON,
Defendant.

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CASE NO. 5:13-cv-04849 HRL
STIPULATION AND REQUEST TO
CHANGE HEARING DATE PURSUANT
TO CIVIL LOCAL RULES 6-2 AND 7-7
Complaint Filed: 06/11/13
[Assigned for All Purposes to Magistrate Judge Howard
R. Lloyd, Dept. 09]

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COMES NOW Defendants ANDREA DALTON and THE LAW OFFICE OF

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ANDREA DALTON, LLC and pursuant to Civil Local Rule 6-2 and 7-7, hereby request
and stipulate to a continuance of the hearing date on Defendants' Motion to Change
Venue filed on November 21, 2013 and set for hearing on December 31, 2013 at 10:00
a.m.
Counsel for Defendants attempted to meet and confer with Plaintiff's counsel prior
to the selection of the hearing date. When no response was received, Defendants timely
filed a motion to change venue. Shortly after the motion was filed, Plaintiff's counsel
LEGAL:10304-0001/2817447.1

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STIPULATION AND REQUEST TO CHANGE HEARING DATE PURSUANT TO CIVIL LOCAL RULES 6-2
AND 7-7

1 requested a change in the hearing date, the reasons for which are outlined more fully in
2 the stipulation attached hereto as Exhibit "A." Pursuant to the stipulation, the parties
3 hereby request that the hearing date be continued to Tuesday January 14, 2014 at
4 10:00 a.m. or as soon thereafter as the Court may be available. Pursuant to Civil Local
5 Rule 7-7, this request is being made prior to the deadline to oppose said motion.
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The parties hereby waive their rights under Civil Rule 7-7(d) and request, and

7 stipulate, that all filing deadlines pursuant to Civil Local Rule 7-3 be continued to reflect
8 the change in the hearing date.
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This request is being made by the parties by and through their respective counsel

10 of record and pursuant to the executed stipulation and proposed order, filed concurrently

Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

11 herewith as Exhibit "A."
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13 DATED: November 25, 2013

WOOD, SMITH, HENNING & BERMAN LLP

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By: /s/Alicia R. Kennon
GREGORY P. ARAKAWA
ALICIA R. KENNON
Attorneys for Defendant ANDREA DALTON and
LAW OFFICE OF ANDREA DALTON, LLC

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LEGAL:10304-0001/2817447.1

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STIPULATION AND REQUEST TO CHANGE HEARING DATE PURSUANT TO CIVIL LOCAL RULE 6-2

buef_fq=^

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Steven H. Schultz, Esq., SBN 1 63543
Law Office of Steven H. Schultz
701 Howe Avenue, Suite A3
Sacramento, CA 95825
Telephone:
(916) 922-23:!_0
Facsimile:
[phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 5 : 13- cv-048 49-HRL

RACHEL GARCIA,

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STIPULATION BETWEEN PARTIES
TO CONTINUE DEFENDANT ' S
MOTION TO CHANGE VENUE
PURSUANT TO 28 U.S. C .
1404(a)

Plaintiff,

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vs.
ANDREA DALTON; THE LAW
OFFICE OF ANDREA DALTON,
LLC ;
DAVID WOODRUFF;
HILLYARD, WAHLBERG, KUDLA &
SLOANE, LL P; ANAPOL
SCHWARTZ; and DOES 1
through 100, inclusive,

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Defendant

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Pursuant to Federal Rule of Civil Procedure

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the parties and each of the m h ereby stipulate to

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continue defendant's ANDREA DALTON and THE LAW OFFICE
of ANDREA DALTON, LLC's Motion to Change Venue Pursuant

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to 28 U.S.C. 1404 (a) because of the following:
1.

Plaintiff's counsel has surgery scheduled on
STIPULATION BETWEEN PARTI ES TO CONTINUE DEFENDANT'S MOTION TO CHANGE
VENUE PUP.SUANT

TO 28 O .S.C. 1404 (a)

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December 5 , 20 13; Thanksgiving holiday; pre - operative

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appointmen t; depositi ons/meetings p reviously schedule d
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and a pre -paid vacati on on the date of t h e hearing ,
Dece mber 31, 2013.

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s

2.

Part ie s t h ereby agre e and stipul a te that this

hearing be moved to J anuary 14, 2014 or a date afte r

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that at the convenience o f the Court.
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It i s hereby stipula ted.

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Dated :·~
VEN H. SCHULTZ
ttorney fo r Pla int iff

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Dated : //-

2.~·ZoJ)

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DENNI S POLK
Atto rne y for Defendant

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STI PULATION BET\•IEEN PARTIES TO CONTINUE DEFENDANT ' S t-10TION TO CHANGE
VENUE PURSUANT TO 28 U.S.C. 1404( a) - 2

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Steven H. Schultz, Esq., SBN 163543
Law Office of Steven H. Schultz
701 Howe Avenue, Suite A3
Sacramento, CA 95825
Tel ephone :
{916) 922 - 2310
Facsimile:
[phone]

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UNITED STATES DISTRICT COURT

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NORTHERR DISTRICT OF CALIFORNIA

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RACHEL GARCIA,

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Case No.: 5:13-cv - 04849-HRL
[Proposed ] ORDER GRANTING
PARTIES MOTION TO CONTINUE
DEFENDANT ' S MOTION TO
CHANGE VENUE PURSUANT TO 28
U.S .C. 1404 (a)

Plaintiff,

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vs.
ANDREA DALTON;

THE LAW

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Honorable Howard R . Lloyd

OFFICE OF ANDREA DALTON,
LLC;

DAVID WOODRUFF;

HILLYARD, WAHLBERG, KUDLA

&

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SLOANE, LLP; ANAPOL
SCHWARTZ; and DOES 1

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thro u gh 100, inclu sive ,
Defe nda nt

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Honorable Ho ward R . Lloyd - 1

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Pursuant to the parties' written "Stipulation to

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Continue Defendant's Motion to Change Venue", a true
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and correct copy of which is attached hereto as Exhibit
A and is hereby incorporated herein by this reference:

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IT IS HEREBY ORDERED THAT:
The Parties Stipulation to Continue Defendant's

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Motion to Change Venue Pursuant to 28 U.S.C. 1404(a) is
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granted with the new date of January 14, 2014
motion to be heard.

Opposit ion papers are due on

December 19, 2013

and Reply papers are due on December 31, 2013

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for that

Dated:

12/6/13

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The Honorable Howard R. Lloyd
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Honorabl e Howard R. Ll oyd - 2