Free Motion to Remand - District Court of California - California

Case 5:08-cv-02814-JF

Document 12

Filed 07/07/2008

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HERMAN H. FITZGERALD, #33131 CHRISTINE C. FITZGERALD, #131531 LAW OFFICES OF HERMAN H. FITZGERALD A Professional Corporation 345 Lorton Avenue, Suite 302 Burlingame, CA 94010 Telephone: (650) 348-5195 Facsimile: (650) 348-3518 [email protected] DAVID E. SCHRICKER, #36534 LAW OFFICES OF DAVID E. SCHRICKER 20370 Town Center Lane, Suite 100 Cupertino, CA 95014 Phone: (408) 517-9923 Facsimile: (408) 252-5906 [email protected] Exempt From Filing Fees Pursuant
To Government Code section 6310

Attorneys For Plaintiff MONTARA WATER AND SANITARY DISTRICT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION ) ) ) Plaintiff, ) ) v. ) ) COUNTY OF SAN MATEO, a political ) subdivision of the State of California; and Does ) 1 to 20, inclusive, ) ) Defendants. ) ) ) ) THE UNITED STATES OF AMERICA, ) ) Intervenor. _____________________________________ )
C 08-2814 JF

MONTARA WATER AND SANITARY DISTRICT, a public agency,

No. CV 08 2814 JF RE-NOTICE OF MOTION TO REMAND REMOVED ACTION TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Hearing: Date: September 19, 2008 Time: 9:00 a.m. Dept.: Hon. Jeremy Fogel

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RE-NOTICE OF MOTION TO REMAND REMOVED ACTION TO STATE COURT

TO REMAND REMOVED ACTION TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

Case 5:08-cv-02814-JF

Document 12

Filed 07/07/2008

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TO THE DEFENDANT/INTERVENOR AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 19, 2008 at the hour of 9:00 a.m. or as soon thereafter as counsel may be heard in the Department of the Honorable Jeremy Fogel, Judge of The United States District Court For The Northern District of California, San Jose Division, located at 280 S. 1st Street, San Jose, California, Plaintiff Montara Water And Sanitary District will move the Court for an Order to Remand Removed Action To The Superior Court of the State of California, County of Santa Clara. In connection therewith, Plaintiff filed its "Notice of Motion and Motion to Remand Removed Action to Superior Court of California, County of Santa Clara; Memorandum of Points and Authorities" in related case no. CV 08-02814 BZ, San Francisco Division, before assigned Magistrate Judge Bernard Zimmerman, and set to be heard on September 3, 2008; however, pursuant to this Court's Related Case Order issued June 24, 2008 by the Honorable Judge Jeremy Fogel, case no. CV 08-02814 BZ was determined to be related to the above-captioned case and, therefore, has been reassigned to Judge Fogel. Specifically, the Order provides, in pertinent part, that " . . . . any dates for hearing noticed motions are vacated and must be re-noticed by the moving party before the newly assigned judge; . . . ". Consequently, and pursuant to said Order, the September 3, 2008 hearing date for Plaintiff's Motion in related case no. CV 08-02814 BZ is vacated, and Plaintiff moving party herein re-notices said Motion as hereinabove stated. Dated: July 7, 2008 LAW OFFICES OF HERMAN H. FITZGERALD A PROFESSIONAL CORPORATION

By:________________________________ CHRISTINE C. FITZGERALD Attorneys for Plaintiff
ReNtc Mtn Remand SJ3.doc

C 08-2814 JF

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RE-NOTICE OF MOTION TO REMAND REMOVED ACTION TO STATE COURT

TO REMAND REMOVED ACTION TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA