Shaw v. Duncan et al

Filing 12

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 - defendants shall have to 10/30/2014 within which to file their responsive pleadings. signed by Magistrate Judge Barbara A. McAuliffe on 10/1/2014. (Herman, H)

1
2
3
4
5
6

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

7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

)
)
)
Plaintiff,
)
)
vs.
)
)
DAVID DUNCAN dba COUNTRY
WAFFLES #998 AND TONI L. SOLGAARD, )
)
Trustee of the ALBERT AND TONI
)
SOLGAARD SURVIVOR’S TRUST dated )
)
December 28, 2000
)
)
Defendants.
)
)
CECIL SHAW

11
12
13
14
15
16
17

Case No.: 1:14-CV-01152-LJO-BAM
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

18
19

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

20

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

21

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

22

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

23

discussions;

24

WHEREAS, Duncan’s responsive pleading is due on September 30, 2014;

25

WHEREAS, Solgaard’s responsive pleading is due on September 30, 2014;

26

///

27

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

28

avoid incurring additional attorneys’ fees and costs which would be necessitated by filing
responsive pleadings while they are actively engaged in ongoing settlement negotiations and

1
2

seeking to exhaust such settlement efforts;
NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiff and

3

Defendants, by and through their respective counsel, that the deadline for Defendants to file their

4

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

5

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

6

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

7
8
9

IT IS SO STIPULATED.

10
11
12

Dated: September 30, 2014

MOORE LAW FIRM, P.C.

13

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

14
15
16
17

Dated: September 30, 2014

FISHMAN, LARSEN, CHALTRAW & ZEITLER

18
19

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

20
21
22
23

Dated: September 30, 2014

LAW OFFICES OF SALLY A WILLIAMS

24
25
26
27
28

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

ORDER
1

The parties having so stipulated and good cause appearing,
2

IT IS HEREBY ORDERED, that all defendants shall have to and including October 30,
3

2014 within which to file their responsive pleadings.
4
5

IT IS SO ORDERED.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated:

October 1, 2014

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE