Free Order on Motion for Miscellaneous Relief - District Court of California - California

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

Document 47

Filed 06/25/2008

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JOSUE SOTO Individually , on Behalf of ) All Others Similarly Situated, and on ) 11 Behalf of the General Public , ) ) Plaintiff, 12 ) ) 13 v. ) ) 14 DIAKON LOGISTICS (DELAWARE), ) INC., ) 15 ) Defendant, 16 _________________________________ ) ) ) 17 AND RELATED COUNTERCLAIM ) AND THIRD-PARTY COMPLAINT. ) 18 19 Civil No. 08cv33-L(AJB) ORDER GRANTING JOINT MOTION TO CONSOLIDATE BRIEFING SCHEDULES AND HEARING DATES ON MOTIONS TO DISMISS

On June 24, 2008, the parties filed a Joint Motion to Consolidate Briefing Schedules and

20 Hearing Dates on Motions to Dismiss, which seeks to consolidate the briefing and hearing on the 21 motion to dismiss amended counterclaim, currently set for July 21, 2008 (doc. no. 41) and 22 motion to dismiss amended third-party complaint, currently set for August 11, 2008 (doc. no. 23 45). Specifically, the parties request that the briefing and hearing on the motion to dismiss 24 amended counterclaim be continued to the same dates as the briefing and hearing on the motion 25 to dismiss amended third-party complaint. The two motions raise essentially the same 26 challenges to the amended counterclaim and amended third-party complaint, both of which are 27 based on an indemnification clause. For good cause shown, the joint motion is GRANTED. 28 / / / / /
08cv33

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

Document 47

Filed 06/25/2008

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IT IS HEREBY ORDERED as follows: 1. The hearing on motion to dismiss amended counterclaim (doc. no. 41) is hereby

3 CONTINUED to August 11, 2008 at 10:30 a.m. 4 2. Papers in opposition to motion to dismiss amended counterclaim and motion to

5 dismiss amended third-party complaint shall be filed and served no later than July 28, 2008. In 6 order to eliminate duplication, the arguments in opposition to both motions shall be contained in 7 a single memorandum of points and authorities not to exceed twenty-five pages. See Civil Local 8 Rule 7.1(h). 9 3. Reply papers as to both motions shall be filed and served no later than August 4, 2008.

10 The reply arguments in support of both motions shall be contained in a single memorandum of 11 points and authorities not to exceed ten pages. See id. 12 13 14 DATED: June 25, 2008 15 16 COPY TO: 17 HON. ANTHONY J. BATTAGLIA 18 UNITED STATES MAGISTRATE JUDGE 19 ALL PARTIES/COUNSEL 20 21 22 23 24 25 26 27 28
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08cv33

IT IS SO ORDERED.

M. James Lorenz United States District Court Judge