IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
March 29, 2012
P.E. JIMERSON, ON BEHALF OF HIMSELF AND A CLASS OF SIMILARLY SITUATED PERSONS, PLAINTIFF,
GENCO DISTRIBUTION SYSTEM, INC., A PENNSYLVANIA CORPORATION; AND DOES 1 THROUGH 50, 26 INCLUSIVE,
The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United Stated District Court Judge
STIPULATION OF PLAINTIFF AND
DEFENDANTS TO CHANGE DATE OF
HEARINGS ON PLAINTIFF'S MOTION TO
REMAND [DKT. #14] AND DEFENDANT'S
MOTION TO TRANSFER [DKT. #11];
WHEREAS, Plaintiff's Motion to Remand [Dkt. #14] is pending before the Court and currently 2 scheduled to be heard on April 10, 2012; 3
WHEREAS, Defendants' Motion to Transfer [Dkt. #11] is pending before the Court and currently 4 scheduled to be heard on April 24, 2012; 5
WHEREAS, the Court ordered on February 27, 2012 that Plaintiff's Motion to Remand should be 6 heard before Defendants' Motion to Transfer, and reset the hearing dates for both motions; 7
WHEREAS, counsel for Plaintiff now has a conflict with the April 10, 2012 hearing date because 8 she is required to attend a claim construction hearing in a case pending in the Southern District of 9 California, SPH America, LLC v. Acer, et al., case no. 09-cv2535, that was rescheduled to 10 April 10, 2012; and 11
WHEREAS, the claim construction hearing in the SPH America case has been continued twice 12 previously, involves ten parties traveling from different parts of the country, and would be incredibly 13 difficult if not impossible to reschedule. 14
THEREFORE, the parties STIPULATE and agree as follows:
(1) That the hearing on Plaintiff's Motion to Remand [Dkt. #14] scheduled for April 10, 2012
16 at 1:00 p.m. is CONTINUED to April 24, 2012 at 1:00 p.m.
(2) That the hearing on Defendant's Motion to Transfer [Dkt. #11] scheduled for April 24, 2012 at 1:00 p.m. is CONTINUED to May 8, 2012 at 1:00 p.m., or the next date available on 3 the Court's calendar. 4
IT IS SO STIPULATED.
Dated: March 27, 2012 PATTERSON LAW GROUP 6 7 By: /s/ Allison H. Goddard ALLISON H. GODDARD Attorneys for Plaintiff and the Class Dated: March 27, 2012 SEYFARTH SHAW LLP 11 By: /s/ Christopher A. Crosman CHRISTOPHER A. CROSMAN Attorneys for Defendants GENCO I, INC. and GENCO INFRASTRUCTURE SOLUTIONS, INC. (Erroneously named herein as "GENCO DISTRIBUTION SYSTEM, INC.")
PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause therein, IT IS HEREBY ORDERED that: 4
(1) The hearing on Plaintiff's Motion to Remand [Dkt. #14] scheduled for April 10, 2012 at 1:00 p.m. is CONTINUED to April 24, 2012 at 1:00 p.m.; and 6
(2) The hearing on Defendant's Motion to Transfer [Dkt. #11] scheduled for April 24, 2012 at 1:00 p.m. is CONTINUED to [May 8, 2012 at 1:00 p.m.]. 8
IT IS SO ORDERED.
3 document has been served on all parties via CM/ECF on March 27, 2012. 4 5 /s/ Allison H. Goddard
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
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