Moore v. De La Luz, et al.

Filing 8

Stipulation and Order GRANTING Defendants an extension to file responsive pleading, signed by Magistrate Judge Sandra M. Snyder on 9/5/2014. (Response due by 9/19/2014) (Figueroa, O)

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Steven M. Crass
#209873
Andrea M. Upton
#285733
BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue, Fourth Floor
Fresno, California 93704
Telephone: [phone]
Facsimile: 559.432.5620
Attorneys for Defendants FORTINO SERGIO DE LA LUZ, dba RASPADOS
EL DIABLITO LOCO; YI MAK, Co-Trustee of the MEI LIN
MAK RESIDUAL TRUST CREATED UNDER THE MAK
2006 REVOCABLE TRUST; PIN MAK Co-Trustee of the MEI
LIN MAK RESIDUAL TRUST CREATED UNDER THE
MAK 2006 REVOCABLE TRUST

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RONALD MOORE

CASE No. 1:14-CV-01159 SMS

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Plaintiff,
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STIPULATION AND ORDER GRANTING
DEFENDANTS AN EXTENSION TO FILE
RESPONSIVE PLEADING

v.
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FORTINO SERGIO DE LA LUZ, dba
RASPADOS EL DIABLITO LOCO; YI
MAK, Co-Trustee of the MEI LIN MAK
RESIDUAL TRUST CREATED UNDER
THE MAK 2006 REVOCABLE TRUST; PIN
MAK Co-Trustee of the MEI LIN MAK
RESIDUAL TRUST CREATED UNDER
THE MAK 2006 REVOCABLE TRUST,

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Defendants.

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THE PARTIES, BY AND THROUGH THEIR RESPECTIVE ATTORNEYS OF
RECORD, hereby stipulate as follows:

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1.

PIN MAK, co-Trustee of the MEI LIN MAK RESIDUAL TRUST

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CREATED UNDER THE MAK 2006 REVOCABLE TRUST, was served with the Complaint in

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the above-captioned matter on August 5, 2014. Accordingly, the original deadline for PIN MAK

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to file a responsive pleading pursuant to Fed. R. Civ. Proc. 12 (a)(1)(A) is August 26, 2014. The
1527758v1

STIPULATION GRANTING DEFENDANTS
AN EXTENSION TO FILE RESPONSIVE PLEADING

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parties previously agreed to a 15-day extension for PIN MAK to file his responsive pleading(s).

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The deadline was therefore extended to September 9, 2014.

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2.

FORTINO SERGIO DE LA LUZ was purportedly served with a copy of

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the Complaint via substituted service on August 4, 2014. A copy of the complaint was placed in

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the mail on August 5, 2014. Accordingly, the original deadline for FORTINO SERGIO DE LA

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LUZ to respond to the Complaint was September 5, 2014.

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3.

No proof of service has been filed as to YI MAK, Co-Trustee of the MEI

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LIN MAK RESIDUAL TRUST CREATED UNDER THE MAK 2006 REVOCABLE TRUST.

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Accordingly, the time for YI MAK to file a responsive pleading has not yet begun to run.

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4.

The parties desire to resolve the claims set forth in Plaintiff's Complaint in

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the above-captioned matter as efficiently as possible, and would like to allow time to attempt to do

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so without further involvement of the Courts. To that end, the parties have agreed to extend the

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deadline for PIN MAK and FORTINO SERGIO DE LA LUZ to file a responsive pleading to

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September 19, 2014.

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5.

The parties agree that this Stipulation may be signed in counterparts and

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submitted to the court in that manner. The parties also agree that facsimile copies of signatures

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may be submitted to the Court.

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IT IS SO STIPULATED.

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DATED: September 5, 2014

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BAKER MANOCK & JENSEN, PC

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By: /s/ Andrea M. Upton
Andrea M. Upton
Attorneys for Defendants
MOORE LAW FIRM, P.C.

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DATED: September 5, 2014

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By: /s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff Ronald Moore

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STIPULATION GRANTING DEFENDANTS EXTENSION TO FILE RESPONSIVE PLEADING

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ORDER

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Having read the Stipulation of the parties and good cause appearing, IT IS

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HEREBY ORDERED that the deadline for filing responsive pleadings on behalf of PIN MAK and

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FORTINO SERGIO DE LA LUZ shall be extended to September 19, 2014.

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DATED: September 5, 2014

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/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGEE

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1527758v1

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STIPULATION GRANTING DEFENDANTS EXTENSION TO FILE RESPONSIVE PLEADING