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Susan Loye and Kenneth Loye v. the United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 29, 2011

SUSAN LOYE AND KENNETH LOYE,
PLAINTIFFS,
v.
THE UNITED STATES OF AMERICA,
DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

UNITED STATES OF AMERICA

STIPULATION TO CONTINUE DEFENDANT UNITED STATES' MOTION TO DISMISS; ORDER

Plaintiffs Susan Loye and Kenneth Loye ("Plaintiffs") and Defendant United States of America ("Defendant"), stipulate to continue the hearing on Defendant's Motion to Dismiss currently set for October 11, 2011 at 8:30 a.m. to October 18, 2011 at 8:30 a.m. as specifically set forth below.

The parties base this stipulation on good cause as the United States seeks an additional week to respond to the issues in the Opposition. 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 as specified below. The parties request the court endorse this stipulation by way of formal order.

Old Date New Date Hearing on Motion to October 11, 2011 October 18, 2011 Dismiss @8:30 a.m.

Respectfully submitted, Dated: September 29, 2011 Dated: September 29, 2011 BENJAMIN B. WAGNER WALKUP, MELODIA, KELLY & United States Attorney SCHOENBERGER (As authorized 09/29/11) /s/Alyson A. Berg /s/Douglas S. Saeltzer ALYSON A.BERG DOUGLAS S. SAELTZER Attorneys for Defendant Attorneys for Plaintiffs United States of America

ORDER

Pursuant to its practice, this Court will consider the Government's motion to dismiss on the record without a hearing. As such, this Court VACATES the October 11, 2011 hearing and ORDERS the Government, no later than October 11, 2011, to file and serve reply papers which only respond to matters existing in the pending record. This Court will not consider matters first raised in the reply papers and limits the Government's reply points and authorities to 10 pages.IT IS SO ORDERED.

20110929

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