Free Motion to Continue - District Court of California - California

Case 3:08-cv-00412-L-JMA

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MILLER BROWN & DANNIS 301 EAST OCEAN BOULEVARD SUITE 1750 LONG BEACH, CA 90802

SUE ANN SALMON EVANS, State Bar No. 151562 [email protected] DEBORAH L. UNGAR, State Bar No. 207763 [email protected] ANAHID HOONANIAN, State Bar No. 196679 [email protected] MILLER BROWN & DANNIS 301 East Ocean Boulevard, Suite 1750 Long Beach, CA 90802 Telephone: (562) 366-8500 Facsimile: (562) 366-8505 Attorneys for Defendant and Counterclaimant Encinitas Union School District UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA B.M., a minor by and through R.M., Plaintiff, v. Encinitas Union School District, Defendant. Encinitas Union School District, Counterclaimant, v. B.M., a minor by and through R.M., Counterdefendant. Case No. 08 CV 412 L JMA JOINT MOTION TO CONTINUE THE HEARING DATE FOR THE MOTION TO DISMISS COUNTERCLAIM Date: July 7, 2008 Dept : Courtroom 14 Judge : Honorable M. James Lorenz Motion to Be Determined On The Papers Complaint Filed: March 4, 2008 Complaint Served: March 6, 2008 Counterclaim filed: March 26, 2008

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1 JOINT MOTION TO CONTINUE THE HEARING DATE FOR THE MOTION TO DISMISS

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MILLER BROWN & DANNIS 301 EAST OCEAN BOULEVARD SUITE 1750 LONG BEACH, CA 90802

Plaintiff and Counterdefendant B.M., a minor, by and through R.M. ("Plaintiff") and Defendant and Counterclaimant Encinitas Union School District's ("District" of "Defendant") (collectively referred to as "Parties") request a second continuance of the Motion to Dismiss Counterclaim in the above matter for the following reasons: On June 9, 2008 the Parties participated in an Early Neutral Evaluation ("ENE") conference before Magistrate Judge Jan M. Adler. At the conference, the Parties agreed and Magistrate Judge Adler ordered the following post-conference settlement negotiations: On June 12, 2008, Plaintiff to submit written settlement counter offer to Defendant. Upon receipt of Plaintiffs written counter offer, Defendant and Plaintiff are to confer regarding further settlement negotiations. On June 27, 2008, Magistrate Judge Adler set a telephonic Case Management Conference to discuss the status of settlement negotiations. The Parties believe if they incur further litigation costs in opposing the Motion to Dismiss Counterclaim, and in replying to that Opposition, that settlement of the case will be less likely. Accordingly, the Parties agree to continue Plaintiff's Motion to Dismiss Defendant's Counterclaim for at least one month and that the dates for opposing the Motion and replying to the Opposition to Motion to Dismiss be continued based on the new motion date. Pursuant to Judge Lorenz's previous order of May 5, 2008, the Court has found this motion suitable for determination on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1.(d)(1). Therefore, the Parties jointly move as follows: That Plaintiff's Motion to Dismiss Defendant's Counterclaim be continued to August 2008 and that no appearances be required, and the due dates for
2 JOINT MOTION TO CONTINUE THE HEARING DATE FOR THE MOTION TO DISMISS

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MILLER BROWN & DANNIS 301 EAST OCEAN BOULEVARD SUITE 1750 LONG BEACH, CA 90802

opposing the Motion and replying to the Opposition to Motion to Dismiss be continued based on the new motion date. DATED: June 16, 2008 MILLER BROWN & DANNIS SUE ANN SALMON EVANS ANAHID HOONANIAN By: /S/ Sue Ann Salmon Evans SUE ANN SALMON EVANS Attorneys for Defendant and Crossclaimant Encinitas Union School District DATED: June , 2008 ROBERTS & ADAMS

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By: Timothy A. Adams Jennifer J. Kropke Drew Massey Attorneys for Plaintiff B.M., by and through R.M.

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MILLER BROWN & DANNIS 301 EAST OCEAN BOULEVARD SUITE 1750 LONG BEACH, CA 90802

PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ss. )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 301 East Ocean Boulevard, Suite 1750, Long Beach, CA 90802. On the date set forth below I served the foregoing document described as JOINT MOTION TO CONTINUE THE HEARING DATE FOR THE MOTION TO DISMISS COUNTERCLAIM on interested Parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: SEE ATTACHED SERVICE LIST (VIA U.S. MAIL) I caused such document to be placed in the U.S. Mail at Long Beach, California with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (VIA FACSIMILE) I caused such document to be transmitted via facsimile to the addressee from the facsimile machine of Miller Brown & Dannis whose phone number is (562) 366-8505. The transmission by facsimile was reported as complete and without error BY ELECTRONIC SERVICE: I caused the above-entitled document to be sent to Tim Adams of Roberts & Adams, lead counsel for plaintiffs and counter defendant, via e-service at the recipient's office. This service complies with C.C.P. § 1010.6. (VIA OVERNIGHT MAIL) I caused such envelope to be deposited at an authorized "drop off" box on that same day with delivery fees fully provided for at 301 East Ocean Boulevard, Suite 1750, Long Beach, CA 90802, in the ordinary course of business. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction this service was made.

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Executed on June 16, 2008 at Long Beach, California. Ila Friend Type or Print Name /S/ Ila Friend Signature

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MILLER BROWN & DANNIS 301 EAST OCEAN BOULEVARD SUITE 1750 LONG BEACH, CA 90802

Service List Tim Adams Drew Massey Jennifer Jean Kropke Roberts & Adams 20042 Beach Blvd., Huntington Beach, CA 92648

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