Stipulation to an Ex Parte Application on Order 

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Todd A. Murray (SBN 075364) 

LAW OFFICES OF TODD A. MURRAY 

641 Fulton Avenue, Suite 130 

Sacramento, CA 95825 

Telephone: (916) 488-1795 

Facsimile: (916) 481-5080 

Attorneys for Plaintiff 

THERESA UREKEW 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

 

THERESA UREKEW, 

Plaintiff, 

v. 

TETRA HOLDING (US) INC., KENT NORRIS, 

REMY OZARAGA, and DOES 1 through 20, 

Defendants. 

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Case No. CIV.S-04-2529 FCD KJM

STIPULATION AND ORDER 

SHORTENING TIME FOR 

HEARING OF PLAINTIFF’S 

MOTION TO MODIFY 

PRETRIAL SCHEDULING 

ORDER 

Date: 

Time: 

Judge: Hon. Frank C. Damrell, Jr.

“AS MODIFIED” 

The parties, by and through their respective counsel, stipulate as follows: 

1. On May 20, 2005, this Court issued a scheduling order setting February 1, 2006 as the 

discovery cutoff date. (Docket No. 7.) 

2. On February 4, 2006, defendant filed a motion for summary judgment, which, 

pursuant to an amended notice of motion, was set for hearing on April 21, 2006. 

(Docket No. 14.) 

3. On March 24, 2006 plaintiff filed a motion for withdrawal of admissions. (Docket 

No. 16.) The motion was noticed for hearing on April 21, 2006 before the District 

Judge, but the hearing date was vacated as improperly noticed in accordance with 

Local Rule 72-302(c)(1) and 37-251. (Docket No. 17.) 

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4. On April 6, 2006, plaintiff filed an amended motion for withdrawal of admissions, 

which was noticed for hearing on May 3, 2006 before Magistrate Judge Mueller. 

(Docket No. 18.) 

5. On April 11, 2006 the Court issued a minute order resetting the hearing of 

defendant’s motion for summary judgment to June 2, 2006, in light of the pending 

motion for withdrawal of admissions. (Docket No. 26.) 

6. On April 27, 2006, the hearing on plaintiff’s motion for withdrawal of admissions 

was vacated as untimely under the scheduling order of May 20, 2005. (Docket No. 

29.) 

7. Plaintiff files herewith a motion to modify the Court’s scheduling order so that her 

motion for withdrawal of admissions may be heard before the summary judgment 

hearing date of June 2, 2006. Defendant intends to oppose plaintiff’s motion to 

modify the scheduling order, but stipulates that said motion may be heard on 

shortened time. 

DATED: April 28, 2006 LAW OFFICES OF TODD A. MURRAY 

 By: /s/___________________________________ 

 Todd A. Murray 

DATED: April 28, 2006 SEYFARTH SHAW, LLP 

 By: /s/___________________________________ 

 Mark Grajski 

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ORDER 

The application for an order shortening time to file and hear plaintiff’s motion to modify 

the pretrial scheduling order is GRANTED. Plaintiff shall file the Motion to Modify by close of 

business on May 5, 2006. Defendant shall file its opposition to the motion on or before 

May 12, 2006. There will be no reply brief. The hearing on the motion shall be noticed and set 

for Friday, May 19, 2006 at 10:00 a.m. 

The court puts the parties on notice that all other pending dates may be continued if the 

plaintiff prevails on the Motion to Modify. 

DATED: May 2, 2006 

 /s/ Frank C. Damrell Jr. 

 Judge of the District Court 

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