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Marchetti v. State, 3:15-CV-05523-WHO. (2016)

Court: District Court, N.D. California Number: infdco20160502908 Visitors: 12
Filed: Apr. 29, 2016
Latest Update: Apr. 29, 2016
Summary: STIPULATION AND ORDER TO CONTINUE THE HEARING ON MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE FROM MAY 4, 2016, TO MAY 11, 2016 WILLIAM H. ORRICK , District Judge . Plaintiff KATHLEEN MARCHETTI ("Plaintiff") and Defendants STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES ("DMV"), SUPERIOR COURT OF CALIFORNIA, a public entity, CLERK OF THE SUPERIOR COURT OF CALIFORNIA, a public entity, THE CALIFORNIA JUDICIAL COUNCIL, a public entity, TIM LNU, Clerk of the Superior Court, JEANNETTE LNU
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STIPULATION AND ORDER TO CONTINUE THE HEARING ON MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE FROM MAY 4, 2016, TO MAY 11, 2016

Plaintiff KATHLEEN MARCHETTI ("Plaintiff") and Defendants STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES ("DMV"), SUPERIOR COURT OF CALIFORNIA, a public entity, CLERK OF THE SUPERIOR COURT OF CALIFORNIA, a public entity, THE CALIFORNIA JUDICIAL COUNCIL, a public entity, TIM LNU, Clerk of the Superior Court, JEANNETTE LNU, Clerk of the Superior Court, THE CALIFORNIA JUDICIAL COUNCIL (collectively, "Judicial Defendants") and ALLIANCEONE RECEIVABLES MANAGEMENT, INC., erroneously sued herein as ALLIANCE ONE ("AllianceOne") (collectively, "Defendants") (Plaintiff and Defendants are hereinafter referred to collectively as "the Parties"), together by and through their respective attorneys of record, hereby stipulate as follows:

WHEREAS on February 26, 2016, DMV filed a motion to dismiss Plaintiff's Complaint, pursuant to FRCP 12(b)(1) and 12(b)(6), originally scheduled for hearing on April 6, 2016 (Dkt. No. 25);

WHEREAS on March 7, 2016, Judicial Defendants filed a motion to dismiss Plaintiff's Complaint, pursuant to FRCP 12(b)(1) and (b)(6), originally scheduled for hearing on April 13, 2016 (Dkt. No. 28);

WHEREAS on March 7, 2016, Judicial Defendants filed a Joinder in DMV's motion to dismiss Plaintiff's Complaint, pursuant to FRCP 12 (b)(1) and (b)(6), originally scheduled for hearing on April 6, 2016 (Dkt. No. 29);

WHEREAS on March 9, 2016, this Honorable Court issued a Clerk's Notice rescheduling DMV's hearing on its motion to dismiss from April 6, 2016, to April 13, 2016 (Dkt. No. 30);

WHEREAS on March 18, 2016, AllianceOne filed a motion to dismiss Plaintiff's Complaint, pursuant to FRCP 12(b)(1) and (b)(6), originally scheduled for hearing on May 4, 2016 (Dkt. No. 34);

WHEREAS on April 4, 2016, this Honorable Court issued a Clerk's Notice rescheduling the hearing on DMV's and Judicial Defendants' motion to dismiss and Case Management Conference from April 13, 2016, to May 4, 2016 (Dkt. No. 42);

WHEREAS lead counsel for AllianceOne has a conflict on May 4, 2016, due to another Court (California Superior Court, County of Alameda) advancing a hearing time from May 4, 2016, at 9:00 a.m., to May 4, 2016, at 3:00 p.m.

THEREFORE IT IS STIPULATED by and between the Parties that the hearings on the motions to dismiss and Case Management Conference be rescheduled from May 4, 2016, at 2:00 p.m., to May 11, 2016, at 2:00 p.m., or such date thereafter per the Court's availability.

IT IS SO STIPULATED.

FILER ATTESTATION

Pursuant to Civil Local Rule 5.1(i)(3), I, Pamela M. Ferguson, attest under penalty of perjury that concurrence in the filing of this document has been obtained from all of the signatories.

ORDER

Based on the foregoing stipulation of the Parties THE COURT HEREBY ORDERS AND DECREES that the hearing on the Defendants' Motions to Dismiss Plaintiff's Complaint, and the Case Management Conference currently scheduled for May 4, 2016, shall be rescheduled to May 11, 2016, at 2:00 p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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