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This letter informs the judge that no notice of an upcoming hearing was received by Defendant, Campbell Police Department, and, accordingly, a new hearing date should be set, or the case should be stayed until after a case management conference in another case in which the defendants are also a party.
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Wednesday, August 29th, 2012
James Alan Bush652 Laurie AvenueSan Jose, California 95054
Superior Court of CaliforniaATTN: Judge Mark Pierce, Department 9191 North First StreetSan Jose, California 95113
In re Bush v. Santa Clara Valley Medical Center, et al. [Case No. 1-07-CV-088071]
To the Honorable Mark Pierce, Judge of the Superior Court:
Please be advised that I have not received any notice of hearing from Defendant, City of Campbell Police Department, as claimed in its Notice to Non-Opposition to Motion to Dismiss Action received two days ago, and which claims to have notified me of an upcoming hearing on Wednesday, August 30th, 2012, at 9 a.m. in Department 9, on a Motion to Dismiss Action.
The mailing address on file is current; and, it is the same address at which the Notice to Non-Opposition was received. Whatever difficulties counsel for the defendant allegedly encountered when mailing the Notice of Hearing obviously were not encountered when mailing the Notice of Non-Opposition.
Therefore, I request that the court set a new hearing date to at least 30 days from the date of this letter, or, in the alternative, that the court grant sua sponte a motion to stay this case pending the outcome of a case management conference in a joinder of the claims now being brought in the United States District Court for the Northern District of California, San Jose Division, under docket number C 08-01354 (LHK).
Therefore, a dismissal of this case would be improper in lieu of a voluntary motion to dismiss by the plaintiff, which was filed with the clerk today.
Respectfully yours,
James Alan BushPlaintiff in pro per
c: Timothy C. Schmal, Esq. #104874 (Burton, Schmal & DiBenedetto LLP)
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