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Simpkins v. Southern Wine and Spirits of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 15, 2010

THEODORE SIMPKINS, PLAINTIFF,
v.
SOUTHERN WINE AND SPIRITS OF AMERICA, INC,; HARVEY CHAPLIN; WAYNE CHAPLIN; JAMES MELAHN; AND DOES ONE THROUGH TEN, INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Elizabeth D. Laporte

STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE AS MODIFED

Date Comp.

Filed: April 28, 2010 17

WHEREAS Defendants Southern Wine & Spirits of America, Inc., Harvey Chaplin, Wayne Chaplin and James Melahn removed this case to federal court on May 28, 2010; WHEREAS Defendants filed a Motion to Dismiss Pursuant to the First-to-File Rule on June 1, 2010 and set it for hearing on July 6, 2010;

WHEREAS the Court re-set the hearing on that Motion to July 13, 2010;

WHEREAS Defendants filed a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 on June 4, 2010, and set it for hearing on July 13, 2010;

WHEREAS Plaintiff filed a Motion to Remand on June 10, 2010;

WHEREAS Defendants agreed that Plaintiff could set the hearing for his motion to remand on thirty-three (33) days notice, rather than the thirty-five (35) days contemplated by Local Rule 7-2(a);

WHEREAS Plaintiff set the hearing for his Motion to Remand for July 13, 2010, the same day as the hearing on the other two motions;

WHEREAS the parties have met and conferred and believe that the number of issues to be briefed on this schedule, and their complexity, warrant a brief extension of the time to file 16 opposition and reply briefs; and

WHEREAS the proposed schedule will not prejudice any party and will not cause undue delay;

IT IS THEREFORE STIPULATED THAT:

1) Plaintiff's Opposition to the Motion to Dismiss Pursuant to the First-to- File Rule will be due on June 25, 2010;

2) Plaintiff's Opposition to the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 will be due on June 25, 2010;

3) Defendants' Opposition to the Motion to Remand will be due on June 25, 2010;

4) Defendants' Reply re: the Motion to Dismiss Pursuant to the First-to-File Rule will be due on July 2, 2010;

5) Defendants' Reply re: the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 will be due on July 2, 2010;

6) Plaintiff's Reply re: the Motion to Remand will be due on July 2, 2010.

The hearing on all three motions is continued to July 20, 2010.

IT IS SO ORDERED.

HON. ELIZABETH D. LAPORTE

20100615

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