Opinion
CASE NO. 1:06-CV-01611-OWW-TAG.
August 9, 2007
ROGER NUTTALL, ESQ. #42500 NUTTALL COLEMAN FRESNO CA, Attorneys for Plaintiff HOPE ORTIZ.
STIPULATION AND ORDER CONTINUING THE HEARING DATE ON DEFENDANT DONALD W. WINTER'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT
IT IS HEREBY STIPULATED between the parties in the above-entitled action, through their respective counsel of record, that (1) the hearing on Defendant Donald W. Winter's Motion to Dismiss Plaintiff's Complaint be continued to October 22, 2007 at 10:00 a.m.; (2) Plaintiff's opposition is to be filed and served on or before October 5, 2007; and (3) Defendant's reply brief is to be filed and served pursuant to the statutory time.
Good cause exists for continuing the hearing date. Counsel for Plaintiff was under the erroneous belief that Randall M. Penner, had been associated as counsel and was preparing the opposition. It was only after counsel was notified by the Court that no opposition had been filed, the error was discovered.
IT IS SO STIPULATED.
ORDER
Good cause appearing,IT IS ORDERED that (1) the hearing on Defendant Donald W. Winter's Motion to Dismiss Plaintiff's Complaint be continued to October 22, 2007 at 10:00 a.m.; plaintiff's opposition is to be filed and served on or before October 5, 2007; and (3) defendant's reply brief is to be filed and served on or before the statutory time.
IT IS SO ORDERED.