Sliger et al v. Prospect Mortgage, LLC et al

Filing 13

STIPULATION Extending Time to Respond to Complaint and ORDER: response by defendants by 1/5/2011. Initial SCHEDULING CONFERENCE is continued from 12/22/2010 to Tuesday, February 22, 2011 at 09:15 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. signed by Magistrate Judge Sandra M. Snyder on 11/23/2010. (Herman, H)

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SEYFARTH SHAW LLP Andrew M. Paley (SBN 149699) E-mail: [e-mail] 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-3021 Telephone: [phone] Facsimile: [phone] SEYFARTH SHAW LLP Alfred L. Sanderson, Jr. (SBN 186071) E-mail: [e-mail] Brandon R. McKelvey (SBN 217002) E-mail: [e-mail] 400 Capitol Mall, Suite 2350 Sacramento, California 95814-4428 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PROSPECT MORTGAGE, LLC and STERLING PARTNERS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO ELIZABETH SLIGER, CAROL DION and SCOTT AVILA, individually, on behalf of others similarly situated, and on behalf of the general public, ) ) ) ) ) Plaintiffs, ) ) v. ) ) PROSPECT MORTGAGE, LLC, STERLING ) PARTNERS, and DOES 1-50, inclusive, ) ) Defendants. ) ) Case No. 1:10-cv-01952-LJO-SMS STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND ORDER THEREON [L.R. 6-144]

Complaint Filed: October 18, 2010

Pursuant to the provisions of Local Rule 6-144, plaintiffs ELIZABETH SLIGER, CAROL DION and SCOTT AVILA ("plaintiffs") and defendants PROSPECT MORTGAGE, LLC, and STERLING PARTNERS ("Defendants"), by and through their respective counsel, hereby stipulate that Defendants may have an extension of time in which to respond to the Summons and Complaint filed and served by plaintiffs. Prospect Mortgage and Sterling Partners have recently retained counsel and need additional time to respond to plaintiffs' pleading. After 1
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT

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Defendants discussed this matter with the Court's clerk and in consideration of the upcoming holidays, the parties have agreed that the due date for a responsive pleading by Defendants shall be extended to January 5, 2011. The parties further stipulate that the claims of the Fair Labor Standards Act collective class will be tolled an amount of time equal to this extension. Prior to retaining counsel, Prospect Mortgage, LLC entered into a stipulation with plaintiffs agreeing to a 15-day extension of the time in which to respond to the complaint and a stipulation to that effect was filed with this court on November 9, 2010. The parties have not requested any other extensions from this Court. DATED: November 22, 2010 NICHOLS KASTER, LLP /s/ Robert L. Schug By___________________________________ Matthew C. Hellend Robert L. Schug Attorneys for Plaintiffs ELIZABETH SLIGER, CAROL DION and SCOTT AVILA, et al. DATED: November 22, 2010 SEYFARTH SHAW LLP /s/ Brandon R. McKelvey

By

Brandon R. McKelvey Attorneys for Defendants PROSPECT MORTGAGE, LLC and STERLING PARTNERS

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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT

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 Dated: November 23, 2010

ORDER The parties' request for an extension of time for Defendants PROSPECT MORTGAGE, LLC and STERLING PARTNERS to respond to Plaintiffs' Summons and Complaint is granted. Defendants PROSPECT MORTGAGE, LLC and STERLING PARTNERS shall have until January 5, 2011 to file a responsive pleading to Plaintiffs' Summons and Complaint. The claims of the Fair Labor Standards Act collective class will be tolled an amount of time equal to this extension. IT IS SO ORDERED.

IT IS FURTHER ORDERED THAT the Scheduling Conference hearing is continued from December 22, 2010 to Tuesday, February 22, 2011 at 9:15 a.m. before Judge Snyder.

/s/ Sandra M. Snyder Sandra M. Snyder United States Magistrate Judge

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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT