Moore v. Ami, Ltd. et al

Filing 18

STIPULATION and ORDER for Second Extension to Respond to First Amended Complaint - Defendant AMI, LTD., California Limited Partnership, shall file a response to Plaintiff's First Amended Complaint by November 21, 2014. signed by Magistrate Judge Barbara A. McAuliffe on 11/10/2014. (Herman, H)

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NICK ZINKIN (SBN 216431)
LAW OFFICES OF NICK ZINKIN
5 E. River Park Place West, Suite 204
Fresno, CA 93720
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant, AMI, LTD.,
A California Limited Partnership

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RONALD MOORE,

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Plaintiff,

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vs.

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AMI, LTD., A CALIFORNIA LIMITED
PARTNERSHIP;
Defendant.

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Case No. 1:14-CV-01117-AWI-BAM
STIPULATION AND ORDER FOR
SECOND EXTENSION TO RESPOND TO
FIRST AMENDED COMPLAINT

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WHEREAS, on October 7, 2014, Plaintiff, Ronald Moore (“Moore”), and Defendant,

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AMI, Ltd., a California Limited Partnership (“AMI,” and together with Moore, “the Parties”),

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entered into a stipulation extending AMI’s time to respond to Plaintiff’s First Amended

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Complaint to October 22, 2014 (Dkt. 15);

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WHEREAS, on October 22, 2014, Plaintiff, Ronald Moore (“Moore”), through his

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attorney of record, Tanya E. Moore, advised AMI through attorney Timothy L. Thompson, who

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is also representing AMI although has not yet officially appeared in this action, that Moore

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would not take a default against AMI before October 31, 2014, unless the case had not yet

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settled and a response had not been filed;

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WHEREAS, the Parties are currently exploring settlement, a settlement agreement

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having been tentatively accepted by AMI and discussions regarding the monetary element of

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Moore’s claim currently being undertaken; and

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WHEREAS, the Parties wish to fully explore and exhaust settlement efforts prior to
incurring the expense of AMI preparing and filing its responsive pleading;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

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the Parties hereto, through their respective counsel, pursuant to Rule 6 of the Federal Rules of

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Civil Procedure, and Local Rule 144, that Defendant, AMI, LTD., A CALIFORNIA

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PARTNERSHIP, shall have an extension of time up to and including NOVEMBER 21, 2014, to

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file a responsive pleading to Plaintiff’s First Amended Complaint on file herein. This extension

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does not alter any date or event set by Court order, including the Scheduling Conference set for

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December 4, 2014.

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Dated: November 7, 2014

LAW OFFICES OF NICK ZINKIN

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By:

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/s/ Nick Zinkin
Nick Zinkin, Attorney for Defendant, AMI LTD.
A California Limited Partnership

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Dated: November 7, 2014

MOORE LAW FIRM, P.C.

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By:

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/s/ Tanya E. Moore
Tanya E. Moore, Attorney for Plaintiff, Ronald Moore

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ORDER
The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED
that Defendant AMI, LTD., a California Limited Partnership, shall file a response to Plaintiff’s

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First Amended Complaint on or before November 21, 2014.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 10, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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