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KERR v. DELAWARE NORTH COMPANIES, INC., 1:16-CV-01797-LJO-SAB. (2016)

Court: District Court, E.D. California Number: infdco20161230a00 Visitors: 10
Filed: Dec. 29, 2016
Latest Update: Dec. 29, 2016
Summary: STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; ORDER LAWRENCE J. O'NEILL , Chief District Judge . Plaintiff Jennifer Kerr ("Ms. Kerr") and Defendants Delaware North Companies, Inc., DNC Parks and Resorts at Yosemite, Inc., and Delaware North Companies Parks and Resorts, Inc. ("Defendants"), by and through their respective counsel of record, hereby stipulate to the following: 1. Defendants have filed a Motion to Dismiss, which is currently set to be heard on January 19, 2017; 2. Ms.
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STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; ORDER

Plaintiff Jennifer Kerr ("Ms. Kerr") and Defendants Delaware North Companies, Inc., DNC Parks and Resorts at Yosemite, Inc., and Delaware North Companies Parks and Resorts, Inc. ("Defendants"), by and through their respective counsel of record, hereby stipulate to the following:

1. Defendants have filed a Motion to Dismiss, which is currently set to be heard on January 19, 2017;

2. Ms. Kerr disputes that Defendants' removal of this action to federal court was proper, and intends to file a Motion to Remand on or before December 28, 2016. She intends to set her Motion for hearing on Monday, January 30, 2017, presuming that hearing date is available and acceptable to the Court;

3. The parties agree that the issue of whether this case is properly before this Court should be resolved before Defendants' Motion to Dismiss is briefed and decided. As such, the Parties respectfully request the Court to continue the hearing on Defendants' Motion Dismiss to February 27, 2017 at 8:30 a.m., or the first date after that on which the Court is available.

It is so stipulated.

ORDER

BASED ON THE STIPULATION OF THE PARTIES and for Good Cause shown, the hearing date on Defendants Delaware North Companies, Inc., DNC Parks and Resorts at Yosemite, Inc., and Delaware North Companies Parks and Resorts, Inc.'s Motion to Dismiss, currently set for hearing on January 19, 2016 is continued until February 27, 2017 at 8:30 a.m.

IT IS SO ORDERED.

Source:  Leagle

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