Opinion
CASE NO. 1:11-CV-1573-MJS
02-20-2013
SELMAN BREITMAN LLP Mark Inbody Attorneys for Plaintiff Topa Insurance LEWIS BRISBOIS BISGAARD & SMITH LLP Alison Yew Attorneys for Defendant 3SJ TRANSPORTATION (Doe 2)
LEWIS BRISBOIS BISGAARD & SMITH LLP
JEFFERY G. BAIREY, SB# 111271
Email: bairey@lbbslaw.com
ALISON YEW, SB 173158
Email: yew@lbbslaw.com
333 Bush Street, Suite 1100
San Francisco, California, 94104-2872
Telephone: 415.362.2580
Facsimile: 415.434.0882
Attorneys for Defendant
3SJ TRANSPORTATION LLC (Doe 2)
STIPULATION TO CONTINUE
MOTION TO DISMISS; ORDER
Date: February 22, 2013
Hon. Magistrate Judge Michael J. Seng
Whereas, Topa Insurance Company has filed the within First Amended Complaint;
Whereas, 3SJ Transportation, LLC, named as Doe Defendant #2, has filed a Motion to Dismiss in response to the First Amended Complaint;
Whereas, the Motion to Dismiss was scheduled to be heard on December 14, 2012, continued to January 18, 2013, and again continued to February 22, 2013;
Whereas, the parties in this interpleader action and in the related state matter of Weeks v. Singh have agreed to a global settlement in principal and are working on the terms of a written agreement;
Whereas, the global settlement contemplates dismissals of all related action, including the subject federal court interpleader action filed by Topa Insurance;
Whereas, the parties continue to work out the settlement details, as the global settlement involves multiple parties;
Topa Insurance and 3SJ Transportation herby stipulate to a continuance of the Motion to Dismiss for a minimum of 30 days, if the court would so order.
IT IS SO STIPULATED.
SELMAN BREITMAN LLP
By: ________
Mark Inbody
Attorneys for Plaintiff Topa Insurance
LEWIS BRISBOIS BISGAARD & SMITH LLP
By:________
Alison Yew
Attorneys for Defendant
3SJ TRANSPORTATION (Doe 2)
~ORDER~
Pursuant to the above stipulation and good cause appearing, the Court Orders he continuance of the hearing on Defendant 3SJ Transportation's Motion to Dismiss from February 22, 2013, to March 22, 2013 at 10:30 a.m. before Magistrate Judge Michael J. Seng in Courtroom 6 (MJS), Fresno. There shall be no more continuances in connection with this motion. IT IS SO ORDERED.
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE