Opinion
1:10-cv-01581-LJO-GSA
09-29-2011
SUSAN LOYE and KENNETH LOYE, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant.
BENJAMIN B. WAGNER United States Attorney ALYSON A.BERG Attorneys for Defendant United States of America WALKUP, MELODIA, KELLY & SCHOENBERGER DOUGLAS S. SAELTZER Attorneys for Plaintiffs
BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Courthouse
Attorneys for Defendant UNITED STATES OF AMERICA
STIPULATION TO CONTINUE DEFENDANT UNITED STATES' MOTION TO DISMISS; ORDER
Plaintiffs Susan Loye and Kenneth Loye ("Plaintiffs") and Defendant United States of America ("Defendant"), stipulate to continue the hearing on Defendant's Motion to Dismiss currently set for October 11, 2011 at 8:30 a.m. to October 18, 2011 at 8:30 a.m. as specifically set forth below.
The parties base this stipulation on good cause as the United States seeks an additional week to respond to the issues in the Opposition. No other dates in this action are affected by this brief extension of the hearing.
For the reasons set forth herein, the parties therefore stipulate and agree to continue the hearing on Defendant's Motion to Dismiss as specified below. The parties request the court endorse this stipulation by way of formal order.
Hearing on Motion to
Dismiss
Old Date
October 11, 2011
New Date
October 18, 2011
@8:30 a.m.
BENJAMIN B. WAGNER
United States Attorney
ALYSON A.BERG
Attorneys for Defendant
United States of America
Respectfully submitted,
WALKUP, MELODIA, KELLY &
SCHOENBERGER
DOUGLAS S. SAELTZER
Attorneys for Plaintiffs
ORDER
Pursuant to its practice, this Court will consider the Government's motion to dismiss on the record without a hearing. As such, this Court VACATES the October 11, 2011 hearing and ORDERS the Government, no later than October 11, 2011, to file and serve reply papers which only respond to matters existing in the pending record. This Court will not consider matters first raised in the reply papers and limits the Government's reply points and authorities to 10 pages. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE