Athwal et al v. County of Stanislaus et al

Filing 91

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/17/2020 and agreed between the parties to EXTEND the deadline for defendants City of Modesto, Chief Galen Carroll, and Detective Jon Evers's response to the First Amended Complaint shall be extended by two weeks to 9/1/2020. (Yin, K)

1 Jose M. Sanchez (SBN: 238467)
[e-mail]
2 CITY OF MODESTO
1010 10th Street, Suite 6300
3 P.O. Box 642
4 Modesto, CA 95353
Telephone: [phone]
5 Facsimile: [phone]
6 Deborah J. Fox (SBN: 110929)
[e-mail]
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David Mehretu (SBN: 269398)
8 [e-mail]
Robert G. Davis (SBN: 304758)
9 [e-mail]
MEYERS, NAVE, RIBACK, SILVER & WILSON
10 1999 Harrison Street, 9th Floor
Oakland, California 94612
11 Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendants
CITY OF MODESTO, GALEN CARROLL and
14 JON EVERS
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

17 BALJIT ATHWAL; NAVNEET ATHWAL;
DALJIT ATWAL; and KARAN INC., d/b/a
18 POP-N-CORK,
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Plaintiffs,

Case No. 1:15-cv-00311-TLN-BAM
STIPULATION TO EXTEND TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT; ORDER

v.
Trial Date:

None Set

COUNTY OF STANISLAUS; CITY OF
TURLOCK; CITY OF MODESTO; CITY OF
CERES; STANISLAUS COUNTY OFFICE
OF THE DISTRICT ATTORNEY; KIRK
BUNCH; JON EVERS; TIMOTHY REDD;
DALE LINGERFELT; STEVE JACOBSON;
BIRGIT FLADAGER; GALEN CARROLL;
PAUL EDWARD JONES; DOE COUNTY
OF STANISLAUS EMPLOYEES 1-10; DOE
CITY OF TURLOCK EMPLOYEES 11-20;
DOE CITY OF MODESTO EMPLOYEES
21-30; and DOE CITY OF CERES
EMPLOYEES 31-40,
Defendants.

STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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STIPULATION
1.

Defendants City of Modesto, Chief Galen Carroll, and Detective Jon Evers

3 (“Modesto Defendants”) and Plaintiffs Baljit Athwal, Navneet Athwal, Daljit Atwal, and Karan,
4 Inc., dba Pop-N-Cork (“Plaintiffs”) (collectively, the “Stipulating Parties”) stipulate as follows:
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2.

Plaintiffs filed their First Amended Complaint on July 28, 2020. (Dkt. 86.)

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3.

The Modesto Defendants were served with the First Amended Complaint on July

7 28,2020.
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4.

Based on the date of service, and absent an extension, the latest date for Modesto

9 Defendants to respond to the First Amended Complaint would be August 18, 2020.
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5.

The Modesto Defendants have recently retained new counsel to represent them in

11 this matter and the Modesto Defendants’ current counsel will soon be substituting out as counsel
12 of record.
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6.

The Modesto Defendants requests a two-week extension of time within which to

14 respond to the First Amended Complaint on the grounds that its new counsel was recently
15 retained, and responding to the First Amended Complaint will entail review of the record by new
16 counsel before drafting a response to the First Amended Complaint.
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7.

Based on the foregoing, and in an effort to promote more efficient litigation of this

18 case, the Stipulating Parties have agreed that the deadline for Modesto Defendants’ response to the
19 First Amended Complaint shall be extended by two weeks to September 1, 2020.
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IT IS SO STIPULATED.

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[Signatures on next page]

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

1 DATED: August 14, 2020

Respectfully submitted,

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MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:

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/s/ Robert G. Davis
ROBERT G. DAVIS
Attorneys for Defendants
CITY OF MODESTO, GALEN CARROLL and
JON EVERS

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DATED: August 14, 2020

MORRISON & FOERSTER LLP

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By:

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/s/ Arturo J. Gonzalez
ARTURO J. GONZALEZ
Attorneys for Plaintiffs
BALJIT ATHWAL, NAVNEET ATHWAL,
DALJIT ATWAL, and KARAN, INC., dba POPN-CORK

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Attestation of Concurrence in the Filing

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The filer, Robert G. Davis, attests that all other signatories listed on whose behalf this

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17 filing is submitted concur in the filing’s content and have authorized the filing.
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‘

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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ORDER
IT IS HEREBY ORDERED that, pursuant to the stipulation of the Stipulating Parties,

3 which is recited above, and good cause in support thereof:
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The deadline for Defendants City of Modesto, Chief Galen Carroll, and Detective Jon

5 Evers’s response to the First Amended Complaint shall be extended by two weeks to September
6 1, 2020.
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IT IS SO ORDERED.

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10 DATED: August 17, 2020

Troy L. Nunley
United States District Judge

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER