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Beauford v. E.W.H. Group Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


February 9, 2009

DENISE BEAUFORD, PLAINTIFF,
v.
E.W.H. GROUP INC. DBA BAKERSFIELD MITSUBISHI, AND DOES 1-50 INCLUSIVE DEFENDANTS.

State Case No. S-1500-CV-263137, Kern County Superior Court.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

STIPULATION TO CONTINUE MOTION TO DISMISS COMPLAINT AND ORDER RESETTING DATES (FRCP 9(b), 12(b)(1), 12(b)6)

Date March 2, 2009

Time: 1:30 p.m.

Dept: 2 and related cross-actions

Trial Date: Not yet assigned

PARTIES HEREBY stipulate and respectfully request this court to continue the hearing on Defendant's motion to dismiss from March 02, 2009 to May 11, 2009 at 1:30 p.m. Parties also ask that the mandatory scheduling conference be continued to 30 days after May 11, 2009, should the one be necessary.

Parties have agreed to engage in mediation and we believe the mediation should be completed by mid-April. Should the matter is not settled, then Plaintiff will have to file her opposition to the motion to dismiss as if May 11, 2009 were the original hearing date and all opposing and responsive papers shall be filed in accordance with that date.

Inasmuch as either the mediation of motion to dismiss may dispose the matter, Parties respectfully request that the court continue the current joint scheduling conference to a date at least past thirty days after May 11, 2009.

IT IS SO STIPULATED.

Dated: February 6 , 2009

William Krieg, Esq. Attorney for Plaintiff DENISE BEAUFORD

Dated: February 5, 2009

H. Ty Kharazi, Attorney for Defendant E.W.H. GROUP, INC. dba BAKERSFIELD MITSUBISHI

ORDER

Pursuant to the parties' stipulation,

1. The March 2, 2009 hearing date before the undersigned is VACATED;

2. Defendants' motion to dismiss is reset before the undersigned for May 11, 2009 at 1:30 p.m.;

3. The Mandatory Scheduling Conference set for April 15, 2009 is VACATED;

4. The Mandatory Scheduling Conference is reset for June 17, 2009 at 9:30 a.m. in Bakersfield, California before Magistrate Judge Theresa A. Goldner; and

5. The parties shall submit their Joint Scheduling Conference Report to Magistrate Judge Goldner by June 10, 2009.

IT IS SO ORDERED.

20090209

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