Free Order on Motion to Continue - District Court of California - California

Case 3:08-cv-00051-L-CAB

Document 19

Filed 05/29/2008

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JIM COLLINS et al., 11 12 v. 13 WINEX INVESTMENTS, LLC, et al., 14 15 16 On May 28, 2008, the parties filed a Renewed Joint Motion to Continue the Hearing of Defendants. _________________________________ Plaintiffs, ) ) ) ) ) ) ) ) ) ) Civil No. 08cv51-L(CAB) ORDER CONTINUING HEARING DATE

17 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. The currently scheduled 18 hearing date is June 30, 2008. The parties request a continuance of at least 30 days. The parties 19 contend that the motion should be continued so that the opposition papers are due after the status 20 conference scheduled for June 18, 2008. The status conference pertains to the status of the 21 pending bankruptcy proceeding involving Defendant John Sullivan, wherein Plaintiffs challenge 22 the bankruptcy court's discharge of their claims against Mr. Sullivan. The parties' joint motion 23 is GRANTED. The hearing on Defendants' motion to dismiss is CONTINUED TO August 4, 24 2008 at 10:30 a.m. 25 IT IS FURTHER ORDERED THAT if after the June 18 status conference the parties

26 decide to request another continuance, their request must state whether there is currently a 27 bankruptcy stay in effect relating to Mr., Sullivan's bankruptcy and the anticipated resolution 28 date of the currently pending adversary proceeding. They must also address the issue why the
08cv51

Case 3:08-cv-00051-L-CAB

Document 19

Filed 05/29/2008

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1 case, including the pending motion to dismiss, should not proceed as to the remaining 2 Defendants, and state how they envision the case in this court to proceed as to Mr. Sullivan. 3 4 5 DATED: May 29, 2008 6 7 COPY TO: 8 HON. CATHY ANN BENCIVENGO 9 UNITED STATES MAGISTRATE JUDGE 10 ALL PARTIES/COUNSEL 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

M. James Lorenz United States District Court Judge