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BARILE v. BOSTON MARKET CORPORATION

United States District Court, S.D. California


October 3, 2005.

GERALDINE BARILE, an individual; ALFREDO PONCE, an individual; and ROES 1-10 on behalf of themselves and in a representative capacity for all others similarly situated Plaintiffs,
v.
BOSTON MARKET CORPORATION, and DOES 1 through 50, inclusive Defendants.

The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge

ORDER AND STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE
On July 12, 2005, Defendant Boston Market Corporation filed two (2) motions: (i) Defendant Boston Market Corporation's Motion to Dismiss Plaintiff's Eighth Claim For Relief Pursuant to Federal Rule of Civil Procedure 12(b)(6); and (ii) Defendant Boston Market Corporation's Motion to Strike Portions of Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(f).

  The parties hereby stipulate that the hearing date for the aforementioned motions be continued from October 21, 2005 to a hearing date of no earlier than November 4, 2005. The parties further understand that no appearance will be required on the new hearing date on any of these motions, but that the Court may, thereafter schedule a hearing on one or more of these motions.

  IT IS SO STIPULATED.

  ORDER

  The parties having stipulated, and good cause appearing, IT IS HEREBY ORDERED that October 21, 2005, hearing in the above-captioned matter on Defendant Boston Market Corporation's Motion to Dismiss Plaintiff's Eighth Claim For Relief Pursuant to Federal Rule of Civil Procedure 12(b)(6) and Defendant Boston Marker Corporation's Motion to Strike Portions of Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(f), is hereby continued from October 21, 2005 to November 18, 2005 at 11:00 a.m./p.m. It is further ordered that no oral argument will be heard on these motions on November, 18, 2005. However, the Court may thereafter schedule oral argument on one or more of these motions.

  IT IS SO ORDERED.

20051003

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