Viola Coppola, et al v. Gregory Smith, et al

Filing 104

STIPULATION and ORDER Extending Time for Defendant Benart Main Street Properties to Respond to Plaintiff's Third Amended Complaint: Response by 11/9/2012. signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2012. (Herman, H)

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1 2 3 CHIELPEGIAN LAW OFFICES A Professional Corporation 5200 N. Palm Avenue, Suite 201 Fresno, California 93704 Telephone: (559) 225-5370 Facsimile: (559) 244-6931 4 6 Mark E. Chielpegian, #190314 mark@chielpegian.com Lee S.W. Cobb lee@chielpegian.com 7 Attorneys for Benart Main Street Properties 5 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 10 11 VIOLA COPPOLA, GARY COPPOLA and THE TRUST OF ANTHONY M. COPPOLA, 12 Plaintiffs, 13 v. 14 GREGORY SMITH, an individual, RICHARD LASTER, an individual; and THE JANE HIGGINS NASH TRUST; JANE NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS AKA THE ESTATE OF MABEL ELAINE HIGGINS, HARLEY MILLER, an individual, CHERYL MILLER, an individual, MARTIN AND MARTIN PROPERTIES, BENART MAIN STREET PROPERTIES, CAL WATER SERVICE COMPANY, the CITY OF VISALIA and DOES 1-20, inclusive; 15 16 17 18 19 20 21 22 Defendants. 23 24 25 26 AND RELATED COUNTER AND CROSS CLAIMS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:11-CV-01257-AWI-BAM STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT BENART MAIN STREET PROPERTIES TO RESPOND TO PLAINTIFFS' THIRD AMENDED COMPLAINT 27 28 STIPULATION AND ORDER RE TIME TO RESPOND TO COMPLAINT 1 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 2 WHEREAS, defendant Benart Main Street Properties' ("Benart") 3 - Benart's counsel is informed and believes that the proper 4 entity/party-defendant is/was actually named "Benart - Main 5 Street Investors, a California corporation" - deadline to file 6 and serve a pleading responsive to plaintiffs Viola Coppola's, 7 Gary Coppola's and The Trust of Anthony M. Coppola's 8 ("plaintiffs") third amended complaint is currently October 26, 9 2012. 10 WHEREAS, plaintiffs have agreed that Benart shall have an 11 additional fourteen (14) days to respond to plaintiffs' third 12 amended complaint. 13 WHEREAS, Local Rule 144(a) allows for a stipulation between 14 the parties allowing for additional time to respond to a 15 complaint, such as the instant one. 16 \\ 17 \\ 18 \\ 19 \\ 20 \\ 21 \\ 22 \\ 23 \\ 24 \\ 25 \\ 26 \\ 27 \\ 28 \\ 1 STIPULATION AND ORDER RE TIME TO RESPOND TO COMPLAINT 1 2 3 THE PARTIES HERETO, BY AND THROUGH THEIR RESPECTIVE COUNSEL, DO HEREBY AGREE AND STIPULATE AS FOLLOWS: That Benart shall have until November 9, 2012, to file and 4 serve its pleading responsive to plaintiffs' third amended 5 complaint. 6 7 Dated: October 24, 2012 8 CHIELPEGIAN LAW OFFICES A Professional Corporation 9 10 By:/s/ Lee S.W. Cobb_________ MARK E. CHIELPEGIAN LEE S.W. COBB Attorneys for BENART MAIN STREET PROPERTIES 11 12 13 14 Dated: October 24, 2012 GREBEN & ASSOCIATES 15 16 17 18 By:/s/ Jan A. Greben_________ JAN A. GREBEN JEFF COYNER DANIELLE DE SMETH Attorneys for PLAINTIFFS 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND ORDER RE TIME TO RESPOND TO COMPLAINT 1 2 ORDER Based on the foregoing stipulation, and good cause shown, 3 the Court orders that Defendant Benart Main Street Properties be 4 allowed to file his response to plaintiffs’ Third Amended 5 Complaint on or before November 9, 2012. 6 7 IT IS SO ORDERED. Dated: 10c20k October 26, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER RE TIME TO RESPOND TO COMPLAINT

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