Gutierrez v. Murshed, et al.

Filing 10

STIPULATION and ORDER Extending Time for all Defendant's to Respond to Complaint by more than 28 days, signed by Magistrate Judge Gary S. Austin on 8/11/2014. (Kusamura, W)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Natividad Gutierrez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIVIDAD GUTIERREZ,

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Plaintiff,

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vs.

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FAHMI YAHYA ABDULLA MURSHED
dba AMIGOS MARKET, et al.,

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Defendants.

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No. 1:14-cv-00958---GSA
STIPULATION EXTENDING TIME FOR
ALL DEFENDANTS TO RESPOND TO
COMPLAINT BY MORE THAN 28 DAYS;
ORDER

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WHEREAS, Plaintiff, Natividad Gutierrez (“Plaintiff”), and Defendants, Sam

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Donsanouphit and Mani Donsanouphit (“the Donsanouphits”) previously entered into a

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stipulation granting the Donsanouphits to and including August 13, 2014 within which to file a

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responsive pleading (Dkt. 8);

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WHEREAS, Fahmi Yahya Abdulla Murshed dba Amigo’s Market (“Murshed,” and

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together with the Donsanouphits, collectively “Defendants”) was personally served with the

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summons and complaint on June 26, 2014, as reflected in the proof of service on file herein

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(Dkt. 5), and his responsive pleading was accordingly due on July 17, 2014;

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WHEREAS, Plaintiff and Defendants are presently engaged in meaningful settlement

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negotiations. Defendants have agreed to provide a full certified access specialist report for the
STIPULATION EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO COMPLAINT; ORDER

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subject property which report the Parties believe will likely form the basis for a resolution of

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Plaintiff’s claims for injunctive relief;

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WHEREAS, the Parties desire to conserve judicial resources and attorney fees attendant

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with preparing and filing a responsive pleading, and desire instead to apply those resources

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towards settlement in the cautiously optimistic belief that such a settlement is likely;

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

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Defendants, by and through their respective counsel, that Defendants may have to and including

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September 10, 2014 to file a responsive pleading in this matter. This extension of time does not

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alter the date of any event or any deadline already fixed by Court order.

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Dated: August 11, 2014

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Natividad Gutierrez

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WANGER JONES HELSLEY PC

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/s/ Michael S. Helsley
Michael S. Helsley, Attorneys for Defendants, Sam
Donsanouphit; Mani Donsanouphit; Fahmi Yahya
Abdulla Murshed dba Amigos Market

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ORDER

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Pursuant to the above stipulation, IT IS HEREBY ORDERED that all defendants shall
have to and including September 10, 2014 within which to file their responsive pleadings.

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IT IS SO ORDERED.
Dated:

August 11, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO COMPLAINT; ORDER

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