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

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

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SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY James H. Hanson, Pro Hac Vice, Ind. Bar No. 08100-49 [email protected] Robert L. Browning, Pro Hac Vice, Ind. Bar No. 15128-49 [email protected] R. Jay Taylor Jr., Pro Hac Vice, Ind. Bar No. 19693-53 [email protected] 10 West Market Street, Suite 1500 Indianapolis, IN 46204 (317) 637-1777 Fax: (317) 687-2414 Christopher C. McNatt, Jr. Cal. Bar No. 174559 [email protected] 2 North Lake Avenue, Suite 460 Pasadena, CA 91101 (626) 795-4700 Fax: (626) 795-4790 Attorneys for Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOSUE SOTO, GHAZI RASHID, MOHAMED ) ABDELFATTAH, on Behalf of All Aggrieved ) Employees, All Others Similarly Situated, and ) the General Public, ) Plaintiffs, ) vs. ) DIAKON LOGISTICS (DELAWARE) INC., a ) foreign corporation; and ) DOES 1 through 50, inclusive, ) Defendants. ) ) DIAKON LOGISTICS (DELAWARE) INC., ) ) Counterclaimant, ) vs. ) JOSUE SOTO, Counterclaim Defendant. ) ) DIAKON LOGISTICS (DELAWARE) INC., ) ) Third-Party Plaintiff, ) vs. SAYBE'S, LLC, ABDUL TRUCKING, INC., ) ) and RASHID TRUCKING, INC., Third-Party Defendants. )

CASE NO. 08-CV-0033-L-AJB

CLASS ACTION

JOINT MOTION TO CONSOLIDATE BRIEFING SCHEDULES AND HEARING DATES ON MOTIONS TO DISMISS

Defendant/Counterclaimant/Third-Party Plaintiff, Diakon Logistics (Delaware), Inc. ("Diakon") and Plaintiffs Josue Soto, Ghazi Rashid and Mohamed Abdelfattah, by and through their respective counsel, respectfully request that this Court consolidate the briefing schedule and
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Case No. 08-CV-0033

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

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hearing dates on the presently pending Motion to Dismiss Amended Counterclaim as to Josue Soto and Motion to Dismiss Third Party Complaint of Diakon against Saybe's, LLC, Abdul Trucking, Inc., and Rashid Trucking, Inc. so that both motions are briefed for an August 11, 2008, hearing date and set for an August 11, 2008, hearing, for the following reasons: 1. Plaintiffs have filed in this action as Docket Entry No. 41, Plaintiffs' Motion to

Dismiss Amended Counterclaim as to Josue Soto Pursuant to Fed. R. Civ. P. 12(b)(6), and have set the hearing date for the motion as July 21, 2008. 2. Plaintiffs have filed in this action as Docket Entry No. 43, Plaintiffs' Motion to

Dismiss First Amended Third Party Complaint of Diakon Logistics (Delaware), Inc. against Saybe's, LLC, Abdul Trucking, Inc., and Rashid Trucking, Inc., pursuant to Fed. R. Civ. P. 12(b)(6), and have set the hearing date for the motion as August 11, 2008. 3. The two pending motions raise substantially similar challenges to Diakon's

Counterclaim and Diakon's Third-Party Complaint, and it would conserve both the resources of this Court and of the parties if the briefing schedules and hearing date are coordinated. WHEREFORE, Plaintiffs and Diakon respectfully request that the hearing on Docket Entry No. 41, Plaintiffs' Motion to Dismiss Amended Counterclaim as to Josue Soto Pursuant to Fed. R. Civ. P. 12(b)(6), be continued to August 11, 2008, to be held in conjunction with the hearing on Docket Entry No. 43, Plaintiffs' Motion to Dismiss First Amended Third Party Complaint of Diakon Logistics (Delaware), Inc. against Saybe's, LLC, Abdul Trucking, Inc. and Rashid Trucking, Inc. Pursuant to Fed. R. Civ. P. 12(b)(6), and that the briefing schedule be coordinated on the two motions so that oppositions are filed and served no later than July 28, 2008 and replies are filed and served no later than August 4, 2008. Respectfully submitted: Dated: June 24, 2008 SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP By: /s/ Christopher C. McNatt, Jr . Christopher C. McNatt, Jr. Attorneys for Defendant, Counterclaimant, and Third-Party Plaintiff Diakon Logistics (Delaware), Inc.
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Case 3:08-cv-00033-L-AJB

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H:\Users\lnewton\RJT\DiakonLog-10610\consolidated plead\Joint Motion to Consolidate Hearing Dates on Motions to Dismiss.6.20.08.doc

Dated: June 24, 2008

EMGE & ASSOCIATES By: /s/ Derek J. Emge Derek J. Emge Attorneys for Plaintiff, Josue Soto, Ghazi Rashid, Mohamed Abdelfattah, On Behalf of All Aggrieved Employees, All Other Similarly Situated, and the General Public

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served electronically via the court's ECF system upon the following counsel of record, this 24th day of June, 2008: Todd J. Hilts Law Office of Todd J. Hilts 2214 Second Avenue San Diego, California 92101 David A. Huch Law Offices of David A. Huch 7040 Avenida Encinas, Suite 104 Carlsbad, California 92011 Derek J. Emge Emge & Associates 550 West C Street, Suite 1600 San Diego, California 92101 Issa Michael The Michael Law Firm 1648 Union Street, Suite 201 San Francisco, California 94123 /s/ Christopher C. McNatt, Jr. Christopher C. McNatt, Jr.

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