Ronald Moore v. Heim et al

Filing 11

2nd STIPULATION and ORDER for EXTENSION of TIME for MARIA GUADALUPE HEIM dba SHELL aka MEXICALI MARKET; STEPHEN J. HEIM dba SHELL aka MEXICALI MARKET; NAM HUU NGUYEN, Successor Trustee of THE DANG-NGUYEN FAMILY REVOCABLE LIVING TRUST 2005; NGA THI DANG, Successor Trustee of THE DANG-NGUYEN FAMILY REVOCABLE LIVING TRUST 2005 to Respond to Complaint - by 2/19/2015. signed by Magistrate Judge Barbara A. McAuliffe on 2/2/2015. (Herman, H)

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Bruce A. Neilson #096952
7108 N. Fresno St. #410
Fresno, California 93720
Telephone [phone]
Facsimile [phone]
Attorney for Defendants
Maria Guadalupe Heim and Stephen J.
Heim dba Shell aka Mexicali Market;
Nam Huu Nguyen and Nga Thi Dang,
Successor Trustees of the Dang-Nguyen
Family Revocable Living Trust 2005,

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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*****

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RONALD MOORE,
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Plaintiff,
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vs.

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MARIA GUADALUPE HEIM dba SHELL
aka MEXICALI MARKET; STEPHEN J.
HEIM dba SHELL aka MEXICALI
MARKET; NAM HUU NGUYEN, Successor
Trustee of THE DANG-NGUYEN FAMILY
REVOCABLE LIVING TRUST 2005; NGA
THI DANG, Successor Trustee of THE
DANG-NGUYEN FAMILY REVOCABLE
LIVING TRUST 2005,

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Defendants.
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CASE NO. 1: 14-cv-01870---BAM
SECOND STIPULATION AND ORDER
FOR EXTENSION OF TIME FOR
MARIA GUADALUPE HEIM dba
SHELL aka MEXICALI MARKET;
STEPHEN J. HEIM dba SHELL aka
MEXICALI MARKET; NAM HUU
NGUYEN, Successor Trustee of THE
DANG-NGUYEN FAMILY
REVOCABLE LIVING TRUST 2005;
NGA THI DANG, Successor Trustee of
THE DANG-NGUYEN FAMILY
REVOCABLE LIVING TRUST 2005 TO
RESPOND TO COMPLAINT

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WHEREAS:

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1.

Plaintiff RONALD MOORE filed this action on November 24, 2014.

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2.

This is the second request for an extension of time for MARIA GUADALUPE HEIM dba

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SHELL aka MEXICALI MARKET; STEPHEN J. HEIM dba SHELL aka MEXICALI MARKET;

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NAM HUU NGUYEN, Successor Trustee of THE DANG-NGUYEN FAMILY REVOCABLE

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LIVING TRUST 2005; and NGA THI DANG, Successor Trustee of THE DANG-NGUYEN

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FAMILY REVOCABLE LIVING TRUST 2005 (“Defendants”). A previous extension of time

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was granted by the plaintiff within the statutory allowance; thus, court approval is required for a

further extension of time.
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3.

Plaintiff and Defendants are in settlement negotiations at this time.

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Defendants have presented a proposed plan of remediation, and time is needed for the

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parties to review, make any needed adjustments and prepare a proposed settlement agreement.

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5.

The parties agree that settlement of this case would save valuable court time and resources.

6.

The parties have agreed to extend Defendant’s time to respond to the complaint until

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February 19, 2015, subject to the court's approval, and believe that the case can be settled within
that time.

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7.

This extension of time will not alter any date or event already set by Court order, including

the mandatory scheduling conference.

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NOW THEREFORE, Defendants through their attorneys, and Plaintiff Ronald Moore,
through his attorneys, hereby stipulate and agree that the time for Defendants MARIA
GUADALUPE HEIM dba SHELL aka MEXICALI MARKET; STEPHEN J. HEIM dba SHELL
aka MEXICALI MARKET; NAM HUU NGUYEN, Successor Trustee of THE DANG-NGUYEN
FAMILY REVOCABLE LIVING TRUST 2005; and NGA THI DANG, Successor Trustee of
THE DANG-NGUYEN FAMILY REVOCABLE LIVING TRUST 2005 to answer or otherwise
respond to the Complaint shall be extended up to and including February 19, 2015, pending court
approval.
IT IS SO STIPULATED.

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Dated: January 30, 2015

MOORE LAW FIRM, PC
______/s/Tanya Moore
Tanya Moore, Attorney for Plaintiff Ronald Moore

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Dated: January 30, 2015

______/s/Bruce A. Neilson
Bruce A. Neilson, Attorney for Defendants
Maria Guadalupe Heim and Stephen J. Heim dba
Shell aka Mexicali Market; Nam Huu Nguyen and

Nga Thi Dang, Successor Trustees of the DangNguyen Family Revocable Living Trust 2005
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IT IS SO ORDERED.

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Dated:

February 2, 2015

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE