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KERR v. DELAWARE NORTH COMPANIES, INC., 1:16-CV-01797-LJO-SAB. (2017)

Court: District Court, E.D. California Number: infdco20170206a02 Visitors: 10
Filed: Feb. 03, 2017
Latest Update: Feb. 03, 2017
Summary: SECOND 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 was originally set to be heard on January 19, 2017
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SECOND 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 was originally set to be heard on January 19, 2017;

2. Ms. Kerr disputed that Defendants' removal of this action to federal court was proper, and in order to resolve this jurisdictional issue prior to litigating the substance of this matter, the parties agreed to seek to continue the hearing on Defendants' Motion to Dismiss;

3. To that end, the Parties filed a stipulation asking that the hearing on the Motion to Dismiss be continued from January 19, 2017 to February 27, 2017, which was granted by the Court;

4. Ms. Kerr has since filed a motion to remand, which Defendants opposed. That issue is currently submitted to the Court for its determination;

5. In order to avoid having to litigate the issue of Defendants' motion to dismiss before this Court decides Ms. Kerr's remand motion, the Parties respectfully request a further continuance of the hearing on Defendants' motion to dismiss, to March 20, 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 February 27, 2017 is continued until March 20, 2017 at 8:30 a.m.

IT IS SO ORDERED.

Source:  Leagle

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