Krucki v. Wagner

Filing 10

STIPULATION and ORDER For Extension of Time For Defendant to File Responsive Pleading, signed by Magistrate Judge Barbara A. McAuliffe on 5/6/2013. (IT IS HEREBY ordered that Defendant, RUDY WAGNER, JR., has an extension of time until 6/15/2013, to file his responsive pleading in this matter.) (Gaumnitz, R)

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ROBERT W. GIN, #105431
LAURA A. WOLFE, #266751
GRISWOLD, LaSALLE, COBB,
DOWD & GIN, L.L.P.
111 East Seventh Street
Hanford, California 93230
Telephone: [phone]
Facsimile: [phone]

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Attorneys for: Defendant, RUDY WAGNER, JR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ROBERT KRUCKI,
Plaintiff,
v.
RUDY WAGNER JR., TRUSTEE, d/b/a
CHICKEN MAN and d/b/a RUDY JR’S
CHICKEN MAN; DOES 1-5, inclusive;

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Defendants.

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CASE NO.:

1:13-CV-00479-LJO-BAM

STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR DEFENDANT
TO FILE RESPONSIVE PLEADING

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Pursuant to Federal Rule of Civil Procedure 6(b)(A) and Local Rule 144, Plaintiff, ROBERT

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KRUCKI (“Plaintiff”) and Defendant RUDY WAGNER JR. TRUSTEE dba CHICKEN MAN

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(“Defendant”) (collectively, the “Parties”), jointly move for an extension of time for Defendant to file

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a responsive pleading pursuant to Federal Rule of Civil Procedure 12(a)(1), and state as follows:

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Pursuant to Federal Rule of Civil Procedure 12, Defendant’s responsive pleading is currently due

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on May 3, 2013. Defendant has not previously obtained an extension in which to file his responsive

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pleading.

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The Parties have tentatively agreed to settle this case. Pursuant to the tentative settlement

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agreement between the Parties, Defendant will make two (2) payments to the Plaintiff for a total of

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$4,000.00. Defendant will pay Plaintiff an initial $2,000.00 payment no later than May 10, 2013.

G R ISW O LD , LaSALLE,
C O BB, D O W D &
G IN , L.L.P.
111 EAST SEVENTH STREET
HANFORD, CA 93230

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Joint Motion and Order for Extension of Time to File Responsive Pleading
Krucki v. Wagner, Case No. 1:13-CV-00479-LJO-BAM

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Defendant will make a second and final payment to Plaintiff of $2,000.00 on or before June 9, 2013.

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Upon final payment, Plaintiff will file a Notice of Settlement with the Court, and seek to have the action

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dismissed.

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Based upon the foregoing, the Parties respectfully request an extension of time in which

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Defendant may file his responsive pleading (if it becomes necessary) until June 15, 2013.

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Dated: May 6, 2013

By: /s/ LAYNE E. HAYDEN
LAYNE E. HAYDEN, Attorneys for Plaintiff, ROBERT
KRUCKI

Dated: May 6, 2013

GRISWOLD, LaSALLE, COBB,
DOWD & GIN, L.L.P.

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By: /s/ ROBERT W. GIN
ROBERT W. GIN, Attorneys for Defendant, RUDY
WAGNER, JR.

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ORDER

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Based on the Stipulation of the Parties, and for good cause appearing, IT IS HEREBY ordered

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that Defendant, RUDY WAGNER, JR., has an extension of time until June 15, 2013, to file his

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responsive pleading in this matter.

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IT IS SO ORDERED.
Dated:
10c20k

May 6, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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G R ISW O LD , LaSALLE,
C O BB, D O W D &
G IN , L.L.P.
111 EAST SEVENTH STREET
HANFORD, CA 93230

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Joint Motion and Order for Extension of Time to File Responsive Pleading
Krucki v. Wagner, Case No. 1:13-CV-00479-LJO-BAM