Shaw v. Sargentini et al

Filing 18

THIRD STIPULATION for Extension of Time for Rochelle K. Sargentini and Norman Dean Kato dba Bob's Market to Respond to Complaint; Stipulation to Continue Mandatory Scheduling Conference; ORDER Thereon signed by Magistrate Judge Gary S. Austin on 11/6/2014. Initial Scheduling Conference set for 11/17/2014 is CONTINUED to 1/21/2015 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Martinez, A)

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Roger S. Bonakdar, #253920
2344 TULARE ST., SUITE 301
FRESNO, CALIFORNIA 93721
PHONE [phone]
FAX [phone]

Attorneys for Defendants, ROCHELLE K. SARGENTINI; NORMAN DEAN KATO, dba
BOB’S MARKET

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECIL SHAW,

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Plaintiff,
v.

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ROBERT A. SARGENTINI; ROCHELLE K.
SARGENTINI; NORMAN DEAN KATO dba
BOB’S MARKET; BOB’S MARKET, a
California corporation;,

Case No. 14-cv-00903-LJO-GSA
THIRD STIPULATION FOR
EXTENSION OF TIME FOR
ROCHELLE K. SARGENTINI AND
NORMAN DEAN KATO dba BOB’S
MARKET TO RESPOND TO
COMPLAINT; STIPULATION TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE;
ORDER THEREON

Defendants.

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WHEREAS, Plaintiff’s Complaint was served upon Defendant ROCHELLE K.

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SARGENTINI (herein “Sargentini”) and NORMAN DEAN KATO, dba BOB’S MARKET

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(herein “Kato”) (collectively “Defendants”).

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WHEREAS, Defendants’ Answer to the Complaint was due on August 11, 2014.

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WHEREAS Plaintiff previously granted Defendants an extension of time to

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respond to the complaint to October 6, 2014.
WHEREAS Plaintiff previously granted Defendants a second extension of time

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to respond to the complaint to October 31, 2014.
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THIRD STIPULATION FOR EXTENSION OF TIME, ORDER THEREON

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WHEREAS the parties are desirous of exploring an early resolution and

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settlement of this matter, the parties believe it to be mutually desirable to avoid further

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costs of litigation to discuss and explore a resolution.

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WHEREAS the parties wish to conserve party and court resources so that they
may be applied towards a resolution.

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WHEREAS the Mandatory Scheduling Conference is currently set for
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November 10, 2014.
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WHEREAS Defendants hereby agree that they will obtain a CASp inspection of
the subject property within two (2) weeks of the filing of this Stipulation.

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WHEREAS the parties are optimistic that a report regarding the CASp

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inspection will be provided to Defendants within 30 days of filing this Stipulation, at

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which point Defendants will engage Plaintiff in settlement discussions seeking a

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resolution of his claims.

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WHEREAS in light of the foregoing, the parties believe it appropriate to
continue the Mandatory Scheduling Conference for sixty (60) days (or to a date
convenient to the Court after January 12, 2015), in order to accomplish the CASp

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inspection, generate a report, and explore settlement.
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WHEREAS in light of the foregoing, the parties also believe it appropriate to
continue the last date by which Defendants may file their answer to Plaintiff’s
complaint to December 19, 2014.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff

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CECIL SHAW (herein “Plaintiff”) and Defendants ROCHELLE K. SARGENTINI and

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NORMAN DEAN KATO dba BOB’S MARKET (collectively herein “Defendants”), by

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and through their respective counsel, that pursuant to Federal Rule of Civil Procedure

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2
THIRD STIPULATION FOR EXTENSION OF TIME, ORDER THEREON

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144(a), Defendants’ Answer or Response to Complaint, due on October 31, 2014, is

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now due on or before December 19, 2014.

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IT IS FURTHER STIPULATED AND AGREED by and between attorneys for the
respective parties herein that the Scheduling Conference be continued to a date at
least sixty days from the filing of this Stipulation (or to a date convenient to the Court

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after January 12, 2015).
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Date: November 3, 2014

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
CECIL SHAW

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Date: November 3, 2014

BONAKDAR LAW FIRM

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/s/ Roger S. Bonakdar
ROGER S. BONAKDAR
Attorney for Defendant,
Lila Pablo-Martinez

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Date: November 3, 2014

/s/ Paul C. Franco
PAUL C. FRANCO
Attorney for Defendant,
Bob’s Market, Inc.

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THIRD STIPULATION FOR EXTENSION OF TIME, ORDER THEREON

ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Defendants ROCHELLE K. SARGENTINI and

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NORMAN DEAN KATO dba BOB’S MARKET (collectively herein “Defendants”) shall

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file their Answer or Response to Complaint on or before December 19, 2014.

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IT IS FURTHER ORDERED that the Scheduling Conference scheduled herein
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for November 10, 2014, is hereby continued to January 21, 2015 at 9:30 a.m., in
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Courtroom 10 before Magistrate Judge Gary S. Austin. The parties shall file a Joint
Scheduling Report no later than seven days prior to the Scheduling Conference.

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IT IS SO ORDERED.
Dated:

November 6, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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THIRD STIPULATION FOR EXTENSION OF TIME, ORDER THEREON