Pacifica Park Apartments, LLC v. U.S. Bank National Association

Filing 12

STIPULATION and ORDER signed by District Judge Anthony W. Ishii on 3/28/2013 extending time to file appellant's opening brief. (Filing Deadline: 5/6/2013).(Lundstrom, T)

1 2 3 MARCUS A. TORIGIAN, #169421 LAW OFFICE OF MARCUS A. TORIGIAN 2033 S. Court Street Visalia, California 93277 Telephone: (559) 627-5399 Facsimile: (559) 627-5822 4 Attorney for Appellant: PACIFICA PARK APARTMENTS, LLC 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 In re: District Court Case Number 1:13-CV-00164-AWI 8 PACIFICA PARK APARTMENTS, LLC. 9 Debtor, Bankruptcy Court Case Number 12-60039-B-11 10 PACIFICA PARK APARTMENTS, LLC. 11 Appellant. STIPULATION AND ORDER FOR AN EXTENSION OF TIME TO FILE APPELLANT’S OPENING BRIEF 12 vs. 13 U.S. BANK NATIONAL ASSOCIATION 14 Date: Time: Courtroom: Place: Appellee. 15 2 U.S. Courthouse - 8th Floor 2500 Tulare Street Fresno, California 93721 16 17 The undersigned counsel of record of the respective parties in the above-entitled action hereby 18 agree and stipulate as follows: 19 1. 20 matter has agreed to grant Appellant PACIFICA PARK APARTMENTS, LLC a forty (40) day 21 extension for the filing of its Appellant’s Opening Brief, up to and including May 6, 2013. 22 2. 23 Brief due before the Fifth District Court of Appeal on April 8, 2013. 24 3. 25 scheduled to commence on April 8, 2013. 26 4. 27 Court scheduled to commence on April 15, 2013, April 22, 2013 and April 29, 2013, 28 respectively. The Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL. in the above entitled The basis of the Stipulation is that Appellant’s Attorney has an Appellant’s Opening Appellant’s Attorney has a criminal trial pending in Fresno County Superior Court Appellant’s Attorney has three (3) criminal trials pending in Tulare County Superior Stipulation & Order for Extension of Time - Pg. 1 1 5. The parties also agree and stipulate that there will be no prejudice to any party as a 2 result of this extension. 3 6. 4 before May 6, 2013. 5 7. 6 before twenty-eight (28) days after service of Appellant’s Opening Brief. 7 Dated: The parties agree and stipulate that Appellant’s Opening Brief will now be due on or The parties agree and stipulate that Appellee’s Opening Brief will now be due on or March 27, 2013 /s/ Marcus A. Torigian 8 MARCUS A. TORIGIAN Attorney for Appellant PACIFICA PARK 9 APARTMENTS, LLC 10 Dated: March 27, 2013 /s/ Jeffrey S. Goodfried 11 JEFFREY S. GOODFRIED Attorney for Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL 12 13 14 ORDER 15 Based upon the foregoing stipulation and good cause appearing, 16 IT IS HEREBY ORDERED that 17 1. Appellant’s Opening Brief is now due on May 6, 2013. 2. Appellee’s Opening Brief is due, filed in the district court, within twenty-eight (28) 18 19 days after service of Appellant’s Opening Brief 20 3. Appellant may file a reply brief with the district court, within fourteen (14) days after 21 service of appellee’s brief. 22 4. Once all briefs have been submitted, the appellant is to notify the court in writing, 23 within fourteen (14) days after service of appellant’s reply brief, that the appeal is ready for 24 oral argument. 25 26 27 28 IT IS SO ORDERED. Dated: 0m8i78 March 28, 2013 SENIOR DISTRICT JUDGE Stipulation & Order for Extension of Time - Pg. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & Order for Extension of Time - Pg. 3