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

Filing 87

STIPULATION and ORDER Extending Time for Defendant City of Visalia to Respond to Plaintiff's Third Amended Complaint. Based on the above stipulation, and for good cause shown, the Court orders as follows: (1) Should the Court grant the City� 39;s motion to dismiss, Plaintiff's shall file an amended complaint and the time to respond shall be determined by ordinary rules of civil procedure in this Court; (2) Should the Court deny the City's motions to dismiss or grant the motions without leave to amend, City shall file an answer within 7 calendar days after the Court enters an order denying the motions. signed by Magistrate Judge Barbara A. McAuliffe on 9/18/2012. (Herman, H)

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Leonard C. Herr, #081896
Ron Statler, #234177
DOOLEY, HERR, PELTZER & RICHARDSON
Attorneys at Law, LLP
100 Willow Plaza, Suite 300
Visalia, California 93291
Telephone: [phone]

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Attorneys for Defendant, CITY OF VISALIA

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EXEMPT FROM FILING FEES
[Gov. Code §6103]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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VIOLA COPPOLA, GARY COPPOLA,
and THE TRUST OF ANTHONY M.
COPPOLA,

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Plaintiffs,

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v.

Case No.: 1:11-cv-01257-AWI-BAM
STIPULATION AND ORDER
EXTENDING TIME FOR
DEFENDANT CITY OF VISALIA TO
RESPOND TO PLAINTIFFS’ THIRD
AMENDED COMPLAINT

GREGORY SMITH, an individual,
RICHARD LASTER, an individual; and
THE JANE HIGGINS NASH TRUST;
JANE NASH AS EXECUTOR OF THE
ESTATE OF DECATUR HIGGINS
A/K/A 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,
Defendants.
______________________________________
AND RELATED COUNTER AND
CROSS-CLAIMS.

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LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON,
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT CITY
OF VISALIA TO RESPOND TO PLAINTIFFS’ THIRD AMENDED COMPLAINT

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Plaintiffs and Defendant City of Visalia do hereby enter into the following

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stipulation and ask that this Court enter an Order extending the time for City of

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Visalia to respond to the Third Amended Complaint as follows:

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RECITALS
WHEREAS, the parties have once before entered into a stipulation
regarding the time to respond, and
WHEREAS, the earlier stipulation recognized pending motions to dismiss
the second and third causes of action in the Second Amended Complaint, and
WHEREAS, the earlier stipulation called for an answer on September 12,
2012, and

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WHEREAS, the parties have agreed that economy of litigation is served by

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extending the time to respond to the Third Amended Complaint until after

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resolution of the motions to dismiss.

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STIPULATION
Plaintiffs and City do hereby stipulate that the time for City to file a
response shall be determined as follows:
1.

Should the Court grant the City’s motions to dismiss, Plaintiffs shall

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file an amended complaint and the time to respond shall be determined by

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ordinary rules of civil procedure in this Court.

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2.

Should the Court deny the City’s motions to dismiss or grant the

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motions without leave to amend, City shall file an answer within 7 calendar days

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after the Court enters an order denying the motions.

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IT IS SO STIPULATED.

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DATED: September 14, 2012

GREBEN & ASSOCIATES

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LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON,
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

By:

/s/ Jan A. Greben
JAN A GREBEN
Attorneys for Plaintiffs and CrossDefendants, Viola Coppola, Gary Coppola
and The Trust of Anthony M. Coppola
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT CITY
OF VISALIA TO RESPOND TO PLAINTIFFS’ THIRD AMENDED COMPLAINT

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DATED: September 14, 2012

DOOLEY, HERR, PELTZER & RICHARDSON, LLP

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By:

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/s/ Leonard C. Herr
LEONARD C. HERR,
Attorney for Defendant,
CITY OF VISALIA

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ORDER

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Based on the above stipulation, and for good cause shown, the Court

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orders as follows:

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1. Should the Court grant the City’s motions to dismiss, Plaintiffs shall file an

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amended complaint and the time to respond shall be determined by

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ordinary rules of civil procedure in this Court;

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2. Should the Court deny the City’s motions to dismiss or grant the motions

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without leave to amend, City shall file an answer within 7 calendar days

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after the Court enters an order denying the motions.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

September 18, 2012

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature - EN D:

10c20kb8554

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LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON,
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT CITY
OF VISALIA TO RESPOND TO PLAINTIFFS’ THIRD AMENDED COMPLAINT