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Wednesday, August 29th, 2012 James Alan Bush 652 Laurie Avenue San Jose, California 95054 Superior

Court of California ATTN: Judge Mark Pierce, Department 9 191 North First Street San 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 NonOpposition 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 NonOpposition. 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 Bush Plaintiff in pro per

c:

Timothy C. Schmal, Esq. #104874 (Burton, Schmal & DiBenedetto LLP)

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