Shaw v. Duncan et al

Filing 10

STIPULATION to Extend Time for Defendants David Duncan dba Country Waffles #998 and Toni L. Solgaard, Trustee of the Albert and Toni Solgaard Survivor's Trust dated December 28, 2000, to Respond to Complaint; ORDER - that all defendants shall have to and including 9/30/2014 within which to file their responsive pleadings. signed by Magistrate Judge Barbara A. McAuliffe on 8/20/2014. (Herman, H)

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Peter N. Zeitler, #118706
Travis R. Stokes, #225122
FISHMAN, LARSEN, CHALTRAW & ZEITLER
7112 North Fresno Street, Suite 450
Fresno, California 93720
[phone]
[phone] Fax
Attorneys for DAVID DUNCAN dba COUNTRY WAFFLES #998

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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DAVID DUNCAN dba COUNTRY
WAFFLES #998 AND TONI L. SOLGAARD, )
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Trustee of the ALBERT AND TONI
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SOLGAARD SURVIVOR’S TRUST dated )
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December 28, 2000
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Defendants.
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Case No.: 1:14-CV-01152-LJO-BAM

CECIL SHAW
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STIPULATION TO EXTEND TIME FOR
DEFENDANTS DAVID DUNCAN dba
COUNTRY WAFFLES #998 AND TONI L.
SOLGAARD, Trustee of the ALBERT AND
TONI SOLGAARD SURVIVOR’S TRUST
dated December 28, 2000, TO RESPOND
TO COMPLAINT; ORDER

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WHEREAS, Plaintiff CECIL SHAW (“Shaw”) and Defendants DAVID DUNCAN dba

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COUNTRY WAFFLES #998 (“Duncan”) AND TONI L. SOLGAARD, Trustee of the ALBERT

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AND TONI SOLGAARD SURVIVOR’S TRUST dated December 28, 2000 (“Solgaard,” and,

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collectively with Duncan, “Defendants”) are presently engaging in settlement discussions, and

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Duncan is in the process of obtaining a California Certified Access Specialist report;

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WHEREAS, Duncan’s responsive pleading is due on September 2, 2014;

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WHEREAS, Solgaard’s responsive pleading is due on August 19, 2014;

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STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT; ORDER

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WHEREAS, Plaintiff and Defendants desire to conserve the resources of this Court and

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avoid incurring additional attorneys’ fees and costs which would be necessitated by filing

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responsive pleadings while they are actively engaged in settlement negotiations and seeking to

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exhaust such settlement efforts;

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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 the deadline for Defendants to file their

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responsive pleadings shall be extended to September 30, 2014, which extension exceeds 28 days

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for Solgaard. This extension does not, however, affect any date or event set by Court order,

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including the Mandatory Scheduling Conference set for November 13, 2014.

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IT IS SO STIPULATED.
Dated: August 19, 2014

MOORE LAW FIRM, P.C.

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BY:_/s/ Tanya E. Moore________
Tanya E. Moore
Attorney for Plaintiff,
CECIL SHAW

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Dated: August 19, 2014

FISHMAN, LARSEN, CHALTRAW & ZEITLER

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BY:_/s/ Travis R. Stokes _____________________
Travis R. Stokes
Attorney for Defendant,
David Duncan dba COUNTRY WAFFLES #998

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Dated: August 19, 2014

LAW OFFICES OF SALLY A WILLIAMS

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BY: ___/s/ Sally A. Williams ________________
Sally A. Williams
Attorney for Defendant,
TONI L. SOLGAARD, Trustee of the ALBERT
AND TONI SOLGAARD SURVIVOR’S TRUST
dated December 28, 2000
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STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT; ORDER

ORDER
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The parties having so stipulated and good cause appearing, IT IS HEREBY
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ORDERED, that all defendants shall have to and including September 30, 2014 within which to
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file their responsive pleadings.
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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 20, 2014

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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_

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STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT; ORDER