Owens v. Fresno Foods, LLC, et al.

Filing 8

STIPULATION and ORDER FOR EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO COMPLAINT and to continue the Scheduling Conference from 1/12/2016 to 3/8/2016 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties are to file their joint scheduling report no later then 7 days prior to the conference. Signed by Magistrate Judge Stanley A. Boone on 12/21/2015. (Hernandez, M)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorney for Plaintiff
Arthur Owens

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARTHUR OWENS,

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Plaintiff,
vs.
FRESNO FOODS, LLC, dba JACK IN THE
BOX #526, et al.,
Defendants.

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No. 1:15-cv-01526---SAB
STIPULATION 1) FOR EXTENSION OF
TIME FOR DEFENDANT FRESNO
FOODS, LLC TO RESPOND TO
COMPLAINT; AND 2) TO CONTINUE
SCHEDULING CONFERENCE; ORDER

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Plaintiff Arthur Owens (“Plaintiff”) and Defendant Fresno Foods, LLC, dba Jack in the

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Box #526 (“Defendant,” and together with Plaintiff, “the Parties”), by and through their

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respective counsel, hereby stipulate as follows:

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1.

Defendant was granted an extension of time to November 16, 2015 within which

to respond to Plaintiff’s complaint;
2.

Defendant requests an additional extension of time within which to respond to

Plaintiff’s complaint to allow the Parties to explore settlement;
3.

The Parties agree that Defendant may have to and including January 29, 2016

within which to respond to the complaint, which extension exceeds the 28 days which may be
given without leave of Court under Local Rule 144;
4.

Plaintiff has been diligently trying to serve Defendant Pauline F. Kouvalas-Prew,

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Trustee of the Pauline F. Kouvalas-Prew Revocable Living Trust dated August 15, 2011

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(“Prew”) but has been as yet unable to effect service. Defendant agrees to cooperate with

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Plaintiff to try to obtain information that will permit service on Prew;

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5.

A Status and Scheduling Conference is currently set in this matter for January 12,

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2016. The Parties wish to continue the conference both to allow service on, and the appearance

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of, Prew, as well as allow the Parties to fully explore settlement. Therefore, the Parties request

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that the Status and Scheduling Conference be continued to a date after February 26, 2016 at the

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Court’s convenience.

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IT IS SO STIPULATED.

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Date: December 21, 2015

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff, Arthur Owens

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BHATIA & ASSOCIATES

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/s/ Peter Cook
Peter Cook
Attorney for Defendant, Fresno Foods,
LLC, dba Jack in the Box #526

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Defendant, Fresno Foods, LLC, dba Jack in the Box

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#526, shall have to and including January 29, 2016 within which to respond to Plaintiff’s

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complaint.

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IT IS FURTHER ORDERED that the Status and Scheduling Conferences currently set

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for January 12, 2016 be continued to March 8, 2016 at 3:00 p.m. in Courtroom 9, before

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Magistrate Judge Stanley A. Boone. The parties are to file their Joint Scheduling Report no

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later than seven days prior to the conference.

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IT IS SO ORDERED.
Dated:

December 21, 2015
UNITED STATES MAGISTRATE JUDGE