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Acosta v. Parra Perez

United States District Court, E.D. California

November 8, 2019

JOSE ACOSTA, Plaintiff,
v.
MARIA DEL CARMEN PARRA PEREZ dba LESLY'S GIFTS AND MORE; THU HUYNH; NGOC TRAN, Defendants.

          SUSAN K. HATMAKER 172543 RACHELLE TAYLOR GOLDEN HATMAKER LAW GROUP Attorneys for Defendant: MARIA DEL CARMEN PARRA PEREZ dba LESLY'S GIFTS AND MORE

          DEFENDANT, MARIA DEL CARMEN PARRA PEREZ dba LESLY'S GIFTS AND MORE'S, REQUEST FOR WITHDRAW OF MOTION TO DISMISS PLAINTIFF'S ORIGINAL COMPLAINT AND [PROPOSED] ORDER THEREON

          Rachelle Taylor Golden RACHELLE TAYLOR GOLDEN

         Defendant, MARIA DEL CARMENT PARRA PEREZ dba LESLY'S GIFTS AND MORE (“LESLY'S”), file a Motion to Dismiss Plaintiff's Original Complaint on October 22, 2019 for a hearing set for November 25, 2019 at 1:30 p.m. (Document 7.) At the time of filing the Motion to Dismiss (Document 7), LESLY'S was unaware of the filing of the First Amended Complaint, as it had not yet been received by LESLY's. Upon receipt of Plaintiff, JOSE ACOSTA's First Amended Complaint, LESLY's filed a Motion to Dismiss the First Amended Complaint (Document 10) on November 6, 2019, for a hearing set for December 9, 2019.

         In an effort to prevent the parties from having to oppose and respond to two identical Motions to Dismiss, the parties counsel, Rachelle Taylor Golden and Tanya Moore telephonically met and conferred on November 6, 2019, and agreed that LESLY's would file this Request to withdraw the Motion to Dismiss Plaintiff's Original Complaint (Document 7), and request that the Court vacate the hearing date and the briefing schedule for the November 25, 2019, hearing.

         IT IS HEREBY REQUESTED that the Court withdraw Document 7 - Motion to Dismiss Plaintiff's Complaint, with a hearing set for November 25, 2019.

         IT IS FURTHER REQUESTED that the Court vacate the briefing scheduling affiliated with Document 7.

         IT IS FURTHER REQUESTED that the Court only enforce the briefing schedule and hearing for the Motion to Dismiss Plaintiff's First Amended Complaint, set for December 9, DATED: November 7, 2019

         HATMAKER LAW GROUP A Professional Corporation By: Rachelle Taylor Golden RACHELLE TAYLOR GOLDEN Attorney for Defendant, MARIA DEL CARMEN PARRA PEREZ dba LESLY'S GIFTS AND MORE

         [PROPOSED] ORDER

         IT IS HEREBY ORDERED that:

         1. The hearing on Defendant's, MARIA DEL CARMENT PARRA PERES dba LESLY'S GIFTS AND MORE, Motion to Dismiss Plaintiff's Complaint filed October 22, 2019 (Document 7) is vacated.

         2. Document 7 is withdrawn in its entirety, thereby vacating the briefing schedule for both Plaintiff, JOSE ACOSTA, and Defendant, MARIA DEL CARMENT PARRA PERES dba LESLY'S GIFTS AND MORE.

         3. The hearing and briefing schedule on Defendant's, MARIA DEL CARMENT PARRA PERES dba LESLY'S GIFTS AND MORE, Motion to Dismiss Plaintiffs First Amended Complaint (Document 10), which is set for hearing on December 9, 2019, will remain on ...


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