UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 6, 2013
HUNTLEY, MULLANEY, SPARGO & SULLIVAN, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
EDWARD C. BAILEY, AN INDIVIDUAL; AND DOES 1 THROUGH 100, INCLUSIVE,
The opinion of the court was delivered by: Honorable Kendall J. Newman
STIPULATION AND ORDER TO VACATE THE HEARING DATE FOR DEFENDANT'S MOTION TO DISMISS Complaint Filed: October 17, 2012 Trial Date: Not Set STIPULATION
Plaintiff Huntley, Mullaney, Spargo & Sullivan, Inc. ("Plaintiff") and Defendant Edward C. Bailey ("Defendant") do hereby agree and Stipulate to an Order vacating the hearing on Defendant's motion to dismiss.
Defendant filed its Motion to Dismiss [Doc. No. 4] on December 10, 2012. Plaintiff filed its Opposition on January 10, 2013 [Doc. No. 9]. Defendant filed a Reply on January 17, 2013 [ Doc. 3 No. 14]. The hearing was initially scheduled for January 24, 2013. On January 22, 2013, on the 4 Court's own motion, the hearing was continued to March 21, 2013 at 2:00 p.m. 5 Plaintiff and Defendant have concurrently filed herewith a Stipulation and Proposed Order to Compel Arbitration and Dismiss the Action, and thus the Motion to Dismiss is now moot. 7
The parties hereby stipulate and jointly request that the Court vacate the March 21, 2013 hearing date for Defendant's motion to dismiss. 9
IT IS SO STIPULATED:
DATED: February 27, 2013 MILLSTONE PETERSON & WATTS, LLP Attorneys at Law By: _ /s/ RICHARD M. WATTS, JR. RICHARD M WATTS, JR. Attorneys for Plaintiff HUNTLEY, MULLANEY, SPARGO & SULLIVAN, INC., A CALIFORNIA CORPORATION DATED: February 27, 2013 By: _ /s/ WHITNEY M. H. WALSH WHITNEY M. H. WALSH (AS AUTHORIZED ON FEBRUARY 27,2013) Attorneys for Defendant EDWARD C. BAILEY
The Court hereby approves the parties' stipulation as follows: 3
1. The hearing date for Defendant's motion to dismiss scheduled on March 21, 2013 is vacated.
IT IS SO ORDERED.
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