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

Filing 14

STIPULATION and ORDER for an Extension of Time to File Appellant's Opening Brief, signed by District Judge Anthony W. Ishii on 5/7/13: Appellant's Opening Brief is now due on May 13, 2013. (Hellings, J)

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1 MARCUS A. TORIGIAN, #169421 LAW OFFICE OF MARCUS A. TORIGIAN 2 2033 S. Court Street Visalia, California 93277 3 Telephone: (559) 627-5399 Facsimile: (559) 627-5822 4 5 Attorney for Appellant: PACIFICA PARK APARTMENTS, LLC 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 In re: District Court Case Number 1:13-CV-00164-AWI 10 PACIFICA PARK APARTMENTS, LLC. 11 Debtor, 12 PACIFICA PARK APARTMENTS, LLC. 13 Appellant. 14 vs. 15 U.S. BANK NATIONAL ASSOCIATION 16 Bankruptcy Court Case Number 12-60039-B-11 STIPULATION AND ORDER FOR AN EXTENSION OF TIME TO FILE APPELLANT’S OPENING BRIEF Date: Time: Courtroom: Place: Appellee. 2 U.S. Courthouse - 8th Floor 2500 Tulare Street Fresno, California 93721 17 18 19 The undersigned counsel of record of the respective parties in the above-entitled action hereby 20 agree and stipulate as follows: 21 1. The Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL. in the above entitled 22 matter has agreed to grant Appellant PACIFICA PARK APARTMENTS, LLC a seven (7) day extension 23 for the filing of its Appellant’s Opening Brief, up to and including May 13, 2013. 24 2. As a result of the Appellant’s Attorney criminal trial schedule in April 2013, in Tulare 25 County Superior Court Appellant attorney will not be able to complete Appellant’s Opening Brief in this 26 case by May 6, 2013, without impairing the quality of the brief. 27 3. The parties also agree and stipulate that there will be no prejudice to any party as a result 28 of this extension. Stipulation & Order for Extension of Time - Pg. 1 1 5. The parties agree and stipulate that Appellant Pacifica Park Apartments, LLC will not 2 seek or request any further extensions from the Court or from Appellee concerning the filing of 3 Appellant’s Opening Brief. This is Appellant’s last extension on Appellant’s Opening Brief. 4 5. The parties agree and stipulate that Appellant’s Opening Brief will now be due on or 5 before May 13, 2013. 6 6. The parties agree and stipulate that Appellee’s Opening Brief will now be due on or 7 before twenty-eight (28) days after service of Appellant’s Opening Brief. 8 Dated: May 7, 2013 9 /s/ Marcus A. Torigian MARCUS A. TORIGIAN Attorney for Appellant PACIFICA PARK APARTMENTS, LLC 10 11 Dated: May 6, 2013 12 /s/ Jeffrey S. Goodfried JEFFREY S. GOODFRIED Attorney for Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL. 13 14 15 ORDER 16 Based upon the foregoing stipulation and good cause appearing, 17 IT IS HEREBY ORDERED that 18 1. Appellant’s Opening Brief is now due on May 13, 2013. 19 2. Appellee’s Opening Brief is due, filed in the district court, within twenty-eight (28) days 20 after service of Appellant’s Opening Brief 21 3. Appellant may file a reply brief with the district court, within fourteen (14) days after 22 service of appellee’s brief. 23 4. Once all briefs have been submitted, the appellant is to notify the court in writing, within 24 fourteen (14) days after service of appellant’s reply brief, that the appeal is ready for oral argument. 25 IT IS SO ORDERED. 26 Dated: 27 0m8i78 May 7, 2013 SENIOR DISTRICT JUDGE 28 Stipulation & Order for Extension of Time - Pg. 2

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