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Moitozo v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 8, 2009

MANUEL G. MOITOZO AND IRIS N. MOITOZO, AS TRUSTEES OF THE MOITOZO 1992 REVOCABLE TRUST PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANT.

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

STIPULATION TO CONTINUE DEFENDANT'S MOTION TO DISMISS OR, MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION; PROPOSED ORDER

Plaintiffs Manuel G. Moitozo and Iris N. Moitozo, As Trustees of the Moitizo 1992 Revocable Trust ("Plaintiffs") and defendant United States of America ("Defendant"), stipulate to continue the hearing on Defendant's Motion to Dismiss or, Motion for Summary Judgment, or in the alternative, Summary Adjudication, currently set for December 14, 2009 at 1:30 p.m. to December 21, 2009 at 1:30 p.m. as specifically set forth below.

The parties base this stipulation on good cause as the parties are continuing their settlement efforts with the assistance of a private mediator. No other dates in this action are affected by this brief extension of the hearing.

For the reasons set forth herein, the parties therefore stipulate and agree to continue the hearing on Defendant's Motion to Dismiss or, Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication as specified below. The parties further agree that Defendant's Reply will be due on or before December 14, 2009. The parties request the court endorse this stipulation by way of formal order.

Old Date New Date

Hearing on Motion to December 14, 2009 December 21, 2009 Dismiss @1:30 p.m.

Respectfully submitted,

Dated: December 3, 2009

BENJAMIN B. WAGNER United States Attorney

(As authorized 12/03/09)

ALYSON A.BERG Attorneys for Defendant United States of America.

Dated: December 3, 2009 FRAME & MATSUMOTO TED R. FRAME Attorneys for Plaintiffs.

ORDER

IT IS SO ORDERED.

20091208

© 1992-2009 VersusLaw Inc.



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