Delacruz v. The State Bar of California et al

Filing 137

ORDER granting request to reschedule hearing on Defendants Gordon & Rees LLP and Heather Irwin's Motion to Dismiss to February 17, 2015, at 10:00 a.m. Signed by Magistrate Judge Howard R. Lloyd on 1/30/2015. (hrllc1, COURT STAFF) (Filed on 1/30/2015)

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JACK B. MCCOWAN, JR. (SBN: 062056)
[e-mail]
MARIE TRIMBLE HOLVICK (SBN: 257891)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

*E-Filed: January 30, 2015*

Attorneys for Defendants
Gordon & Rees LLP and
Heather A. Irwin

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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Daniel Delacruz, Sr., an individual;

)
)
Plaintiff,
)
)
vs.
)
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The State Bar of California, a California
)
public entity; the State Bar of California
)
Client Security Fund, a California public entity)
as the successor in interest for debtor Richard )
McLaughlin, an individual; Lucy Armendariz, )
in her official and individual capacity;
)
Catherine D. Purcell, in her official and
)
individual capacity; Judith A. Epstein, in her )
official and individual capacity; JoAnn M.
)
Remke, in her official and individual capacity; )
Cydney Batchlor, in her official and individual )
capacity; Allen Blumenthal, in his official and )
individual capacity; Susan Chan, in her official )
and individual capacity; Lisa Cummins, in her )
official and individual capacity; Richard
)
Frankel, in his official and individual capacity; )
Rachel S. Grunberg, in her official and
)
individual capacity; Starr Babcock, in his
)
official and individual capacity; Richard
)
Zanassi, in his official and individual capacity; )
William Shaffer, in his official and individual )
capacity; Manuel Jimenez, in his official and )
individual capacity; Susan Kagan, in her
)
official and individual capacity; Jayne Kim, in )
her official and individual capacity; Debra
)
Lawson, in her official and individual capacity; )
Sean McCoy, in his official and individual
)

CASE NO. CV 14 05336 HRL
DEFENDANTS GORDON & REES LLP
AND HEATHER IRWIN’S REQUEST
TO RESCHEDULE HEARING DATE
FOR FEBRUARY 17, 2015

-1DEFENDANTS GORDON & REES LLP AND HEATHER IRWIN’S REQUEST TO RESCHEDULE HEARING
DATE FOR FEBRUARY 17, 2015 – CASE NO. CV 14 05336 HRL

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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capacity; Donald Steedman, in his official and )
individual capacity; Larry Sheingold, in his
)
official and individual capacity; Bill Stephens, )
in his official and individual capacity; Vincent )
Au, in his official and individual capacity;
)
Randy Difuntorum, in his official and
)
individual capacity; Lauren McCurdy, in her )
official and individual capacity; Andrew Tuft, )
in his official and individual capacity;
)
Tanimura & Antle, Inc., a California
)
Corporation; Mike Antle, an individual; Rick )
Antle, an individual; Carmen Ponce, an
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individual; Sue M. Antle as the personal
)
representative for the Estate of Robert V.
)
Antle; John Doe, and unknown individual;
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James Sullivan, an individual; L&G, LLP, a )
California Limited Liability Partnership;
)
Richard Harray, an individual, the Judicial )
Counsel of California, a California Public
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Entity, Julie R. Culver, in her official and
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individual capacity; Sayler Legal Service, Inc., )
a California Corporation; Stephanie Sayler, an )
individual; Joshua Sigal, an individual; Raquel )
Ramirez, an individual; Gordon & Reese LLP,)
a California Limited Liability Partnership;
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Heather Irwin, an individual; City of Salinas )
and the Salinas Police Department, as
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municipal corporations; City of Fresno and the )
Fresno Police Department, as municipal
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corporations; Steven Card, in his official and )
individual capacity; Fenton & Keller, a
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California Professional Corporation; Sara B. )
Boynas, an individual; and DOES 5 through 20, )
inclusive,
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Defendants.
)
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On January 8, 2015, Defendants Gordon & Rees LLP and Heather A. Irwin

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(“Defendants”) filed a Motion to Dismiss Plaintiff’s Complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6).

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Defendants respectfully request that the hearing be moved from February 24, 2015 to February

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17, 2015 for the following reasons: (1) The motions to dismiss filed by the State Bar defendants,

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the Judicial Council of California, and Judge Culver are set for February 17, 2015, (2)

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Defendants hope to avoid the time and cost of appearing on both February 17 and 24, 2015 due

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to the timing of the other defendants’ motion, (3) Plaintiff will not be prejudiced by a February

Defendants noticed the motion for hearing on February 24, 2015.

-2DEFENDANTS GORDON & REES LLP AND HEATHER IRWIN’S REQUEST TO RESCHEDULE HEARING
DATE FOR FEBRUARY 17, 2015 – CASE NO. CV 14 05336 HRL

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17, 2015 hearing, as Plaintiff is already required to appear in court on February 17, 2015 and

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already filed his opposition to Defendants’ motion, and (4) counsel for Defendants just learned

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that she must appear in San Francisco County Superior Court for trial call on February 23, 2015,

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and as such, may be unavailable on February 24, 2015.

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As such, Defendants respectfully request that the hearing on its Motion to Dismiss be
rescheduled from February 24, 2015 to February 17, 2015.

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Dated: January 27, 2015

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By:
Jack B. McCowan, Jr.
Marie Trimble Holvick
Attorneys for Defendants
Gordon & Rees LLP and Heather A. Irwin

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

GORDON & REES, LLP

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ORDER
Defendants’ Motion to Dismiss Plaintiff’s Complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6) is hereby rescheduled for hearing on February 17, 2015.
IT IS SO ORDERED.

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Date: January 30, 2015

_______________________________
Judge Howard R. Lloyd
United States Magistrate Judge

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/22077096v.1

-3DEFENDANTS GORDON & REES LLP AND HEATHER IRWIN’S REQUEST TO RESCHEDULE HEARING
DATE FOR FEBRUARY 17, 2015 – CASE NO. CV 14 05336 HRL