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

Case 3:08-cv-00033-L-AJB

Document 50

Filed 07/03/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 On July 2, 2008 the parties filed a Joint Motion to Continue Hearing Date on Diakon 21 Logistics (Delaware), Inc.'s Motion to Dismiss First Amended Complaint, which seeks to continue 22 the hearing date on Diakon's Motion to Dismiss (doc. no. 36) from July 14, 2008 to the new hearing 23 date of August 11, 2008, so that Diakon's motion can be heard in conjunction with the hearing on 24 Plaintiffs' Motion to Dismiss Amended Counterclaim as to Josue Soto Pursuant to Fed. R. Civ. P. 25 12(b)(6) (doc. no. 41) and Plaintiffs' Motion to Dismiss First Amended Third Party Complaint of 26 Diakon Logistics (Delaware), Inc. against Saybe's, LLC, Abdul Trucking, Inc., and Rashid 27 Trucking, Inc., pursuant to Fed. R. Civ. P. 12(b)(6) (doc. no. 45). 28
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JOSUE SOTO Individually, on Behalf of All Others Similarly Situated, and on Behalf of the General Public, Plaintiff, v. DIAKON LOGISTICS (DELAWARE) INC., Defendant, AND RELATED COUNTERCLAIM AND THIRD PARTY COMPLAINT.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL NO. 08cv33-L(AJB) ORDER GRANTING JOINT MOTION TO CONTINUE HEARING DATE ON DIAKON LOGISTICS (DELAWARE), INC.'S MOTION TO DISMISS FIRST AMENDED COMPLAINT

Case 3:08-cv-00033-L-AJB

Document 50

Filed 07/03/2008

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The hearing date on both Motions to Dismiss filed by Plaintiffs has been set as August 11, 2008 pursuant to an Order issued by this Court on June 25, 2008 (doc. no. 47). For good cause shown, the joint motion is GRANTED. IT IS HEREBY ORDERED as follows: 1. The hearing on Diakon's Motion to Dismiss First Amended Complaint (doc. no. 36),

is CONTINUED to August 11, 2008 at 10:30 a.m. 2. The reply papers on the motion shall be filed and served no later than July 7, 2008.

IT IS SO ORDERED Dated: July 3, 2008 M. James Lorenz J me L James Lorenz United States District Court Judge d t Judge Copies to: HON. ANTHONY J. BATTAGLIA UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL

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08-CV-0033-L-AJB