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Ford Motor Credit Co. LLC v. Lewis Family Enterprises

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION


January 8, 2010

FORD MOTOR CREDIT COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
LEWIS FAMILY ENTERPRISES, INC., DBA BOB LEWIS LINCOLN MERCURY, A CALIFORNIA CORPORATION, AND STEVEN ROBERT (AS MODIFIED BY THE COURT) LEWIS, AN INDIVIDUAL, DEFENDANTS.
LEWIS FAMILY ENTERPRISES, INC., DBA BOB LEWIS LINCOLN MERCURY, A CALIFORNIA CORPORATION, AND STEVEN ROBERT LEWIS, AN INDIVIDUAL, CROSS-COMPLAINANTS,
v.
FORD MOTOR CREDIT COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY; FORD MOTOR COMPANY, A DELAWARE CORPORATION; CAPITAL EXPRESSWAY FORD, INC., A DELAWARE CORPORATION, CROSS-DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Richard Seeborg

AND RELATED CROSS-ACTION

STIPULATION RESOLVING "EX [PROPOSED] ORDER APPROVING PARTE APPLICATION" AND VACATING TRIAL DATE AND CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT Complaint Date: June 22, 2007 Trial Date: March 15, 2010

The Court after reviewing the Stipulation Resolving "Ex Parte Application" and Request for Order Vacating Trial Date and Continuing Hearing on Motions for Summary Judgment ("Stipulation"), and for good cause appearing, makes the following order:

IT IS HEREBY ORDERED that the Stipulation is approved.

IT IS FURTHER ORDERED that:

a. The hearing on the motions for summary judgment filed by Capital Expressway Ford, Inc. ("CEF"), Cross-Defendants, Ford Motor Company ("Ford") and Plaintiff and Cross-Defendant, Ford Motor Credit Company LLC ("Ford Credit"), currently scheduled to be heard on January 27, 2010 at 9:30 a.m. shall be continued to March 10, 2010 at 9:30 a.m.;

b. Defendants and Cross-Complainants, Lewis Family Enterprise, Inc. ("Lewis Family") and Steven Robert Lewis ("Lewis") shall file and serve opposition to the motions for summary judgment on or before February 10, 2010;

c. CEF, Ford and Ford Credit shall file and serve any reply on or before February 25, 2010;

d. The trial date of March 15, 2010, the final pretrial conference date of March 3, 2010, and all other remaining pretrial deadlines shall be vacated subject to being reset at the continued hearing on March 10, 2010; and

e. Accordingly, any notice given that the "ex parte application" would be heard on January 13, 2009, was of no effect and the matter was not calendared for hearing on that or any other date.

Pursuant to Civil Local Rule 6-3, matters of this nature are not set for hearing, absent court order.

Hon. Richard Seeborg United States District Judge

20100108

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