UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 15, 2012
GENESIS SPECIALTY TILE & ACCESSORIES, LLC;
ELEFTHERIOS EFSTRATIS; ELEFTHERIOS D. EFSTRATIS;
PATRICIA E. EFSTRATIS; JESSICA N. EFSTRATIS; THOMAS A. JOHNSON;
NORA E. RUNDELL PLAINTIFF,
AMERUS LIFE INSURANCE COMPANY OF IOWA; AVIVA LIFE AND ANNUITY COMPANY F/K/A/ AMERUS LIFE INSURANCE COMPANY, A CORPORATION,
RAYMOND F. OLMO, AN INDIVIDUAL; R.F. OLMO & ASSOCIATES, INC., A CORPORATION;
MARSHALL KATZMAN, AN INDIVIDUAL; UNITED FINANCIAL GROUP, LTD, A CORPORATION;
DAVID ZUCCOLOTTO; AND DOES 1 THROUGH 100, INCLUSIVE
KURT A. KAPPES, SBN 146384 STEPHEN E. PAFFRATH, SBN 195932 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: (916) 442-1111 Facsimile: (916) 448-1709 firstname.lastname@example.org email@example.com ENRIQUE D. ARANA (pro hac vice) TODD M. FULLER (pro hac vice) JORDEN BURT LLP 777 Brickell Avenue, Suite 500 Miami, Florida 33131 Telephone: (305) 371-2600 Facsimile: (305) 372-992 firstname.lastname@example.org email@example.com Attorneys for Defendants AMERUS LIFE INSURANCE COMPANY AVIVA LIFE AND ANNUITY Complete List of Parties Represented and Counsel on Signature Page
Hearing: March 19, 2012 Time: 1:30 p.m.
THE PARTIES' JOINT STATUS REPORT, AND STIPULATION AND REQUEST TO
CONTINUE STATUS (PRETRIAL SCHEDULING) CONFERENCE; ORDER
Plaintiffs Genesis Specialty Tile & Accessories, LLC, Eleftherios Efstratis, Eleftherios D. Efstratis, Patricia E. Efstratis, Jessica N. Efstratis, Thomas A. Johnson, and Nora E. Rundell ("Plaintiffs") and Defendants Amerus Life Insurance Company, Aviva Life and Annuity Company, Raymond F. Olmo, RF Olmo & Associates, Inc., Marshall Katzman, and David Zuccolotto ("Defendants") hereby submit the following as their joint status report pursuant to the Court's Order of February 15, 2012, and stipulate as set forth below:
1. At the time this matter was conditionally transferred by the United States Judicial Panel on Multidistrict Litigation, Plaintiffs had pending a Motion to Remand the matter to the state court. The Motion to Remand was fully briefed except for Plaintiffs' reply to the Defendants' opposition. Also pending at the time the matter was transferred were Motions to Dismiss filed by several of the Defendants. However, by stipulated order further briefing on the motions to dismiss was continued until after the Court had decided Plaintiffs' Motion to Remand.
2. Plaintiffs have noticed their Motion to Remand for hearing on March 26, 2012.
3. The resolution of Plaintiffs' Motion to Remand may moot the need for a Status (Pretrial Scheduling) Conference, and any further briefing in this court on the Motions to Dismiss. Consequently, the Parties request that the March 19, 2012 Status Conference be taken off the Court's calendar, to be set for a new date, to be determined by the Court, if necessary, after a decision on Plaintiff's Motion To Remand.
IT IS SO STIPULATED
In light of the parties' above stipulation and good cause appearing therefore, the Status Conference set for March 19, 2012 at 1:30 p.m. in courtroom #4 is hereby continued to May 29, 2012 at 2:30 p.m. The parties shall file their status reports fourteen (14) days prior to the status conference.
IT IS SO ORDERED.
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