Hendrik Block v. Vartanian et al

Filing 8

STIPULATION and ORDER for Extension of Time for All Defendants to Respond to Complaint in Excess of 28 Days. Defendants Hagop Vartanian dba Public Auction R Us, Gary Christian, and Bonnie M. Christian shall have to and including July 29, 2016, within which to file a responsive pleading. Order signed by Magistrate Judge Sheila K. Oberto on 6/23/2016. (Timken, A)

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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
Hendrik Block

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HENDRIK BLOCK,

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Plaintiff,
vs.
HAGOP VARTANIAN dba PUBLIC
AUCTION R US, et al.,
Defendants.

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No. 1:16-cv-00650-LJO-SKO
STIPULATION FOR EXTENSION OF
TIME FOR ALL DEFENDANTS TO
RESPOND TO COMPLAINT IN EXCESS
OF 28 DAYS; ORDER

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STIPULATION FOR EXTENSION OF TIME; ORDER
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IT IS HEREBY STIPULATED by and between Plaintiff Hendrik Block and

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Defendants Hagop Vartanian dba Public Auction R Us, Gary Christian, and Bonnie M.

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Christian (collectively “Defendants”), by and through their counsel of record, that pursuant to

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Federal Rule of Civil Procedure 6(a) and Local Rule 144(a), Defendants may have to and

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including July 29, 2016 to file a responsive pleading in this matter. This extension of time is

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Defendants’ first extension and does not alter the date of any event or any deadline already

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fixed by Court order, but does exceed twenty-eight (28) days. Good cause for this extension

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exists as the parties are currently engaging in settlement discussions and wish to exhaust such

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efforts before incurring the fees and costs associated with the responsive pleadings.

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Date: June 21, 2016

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Hendrik Block

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Date: June 21, 2016

PURVIS & ELDER, LLP

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/s/ Michael L. Elder
Michael L. Elder
Attorneys for Defendants,
Hagop Vartanian dba Public Auction R Us,
Gary Christian, and Bonnie M. Christian

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STIPULATION FOR EXTENSION OF TIME; ORDER
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ORDER

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Plaintiff Hendrik Block (“Plaintiff”) filed his complaint on May 9, 2016. (Doc. 1.)

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Defendant Gary Christian (“Mr. Christian”) was personally served on May 17, 2016. (Doc. 4.)

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Mr. Christian’s responsive pleading was therefore due twenty-one (21) days after service, or

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June 7, 2016. Fed. R. Civ. P. 12(a)(1)(A)(i).

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The parties filed the above “Stipulation for Extension of Time for All Defendants to

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Respond to Complaint in Excess of 28 Days” on June 21, 2016, two weeks after Mr. Christian’s

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responsive pleading deadline. 1 Although the Court may extend time to file a responsive

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pleading after the deadline has expired because of “excusable neglect,” Fed. R. Civ. P.

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6(b)(1)(B), no such excusable neglect has been articulated – much less shown – here.

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Notwithstanding this deficiency, given the absence of bad faith or prejudice to Plaintiff (as

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evidenced by the parties’ agreement to the extension of time), and in view of the liberal

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construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that cases are

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tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir.

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2010), the Court GRANTS the parties’ stipulated request. The parties are cautioned that future

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post hoc request for extensions of time will be viewed with disfavor.

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IT IS HEREBY ORDERED that Defendants Hagop Vartanian dba Public Auction R

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Us, Gary Christian, and Bonnie M. Christian shall have to and including July 29, 2016, within

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which to file a responsive pleading.

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IT IS SO ORDERED.
Dated:

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June 23, 2016

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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The responsive pleading deadlines for the other defendants, Hagop Vartanian d/b/a Public Auction R Us and
Bonnie M. Christian, have not yet expired. (See Docs. 5 and 6.)

STIPULATION FOR EXTENSION OF TIME; ORDER
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