Acosta v. Tamez et al

Filing 10

SECOND STIPULATION AND ORDER for Extension of Time for all Defendants to Respond to Complaint, signed by Magistrate Judge Erica P. Grosjean on 12/20/2016. ( Answer or Response to Complaint due by 1/23/2017) (Martin-Gill, S)

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1 2 3 4 5 Bruce A. Neilson #096952 7108 N. Fresno St. #410 Fresno, California 93720 Telephone (559) 432-9831 Facsimile (559) 432-1837 Attorney for Defendants Reyna Tamez, Jose Nino, John Bettencourt and Debby Bettencourt 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 ***** )))))) ) CASE NO. 1:16-cv-01614-DAD-EPG JOSE ACOSTA, ) ) SECOND STIPULATION AND ORDER Plaintiff, ) FOR EXTENSION OF TIME FOR ALL ) DEFENDANTS TO RESPOND TO vs. ) COMPLAINT ) REYNA TAMEZ dba AL’S RICOS TACOS ) aka AL RICOS TACOS; JOSE NINO dba ) AL’S RICOS TACOS aka AL RICOS ) TACOS; JOHN BETTENCOURT; DEBBY ) BETTENCOURT; ) ) Defendants. ) _ _______________ _ ) WHEREAS: 19 1. Plaintiff JOSE ACOSTA filed his complaint in this action on October 25, 2016. 20 2. This is the second request for an extension of time for REYNA TAMEZ dba AL’S RICOS 21 TACOS aka AL RICOS TACOS, JOSE NINO dba AL’S RICOS TACOS aka AL RICOS 22 TACOS, JOHN BETTENCOURT and DEBBY BETTENCOURT (“Defendants”). A previous 23 stipulation for extension of time was granted by local rule and therefore court approval is required 24 for a further extension of time. A joint status report is due on or about January 24, 2017. 25 3. Plaintiff and Defendants continue to be in settlement negotiations at this time, but time is 26 needed to review a now completed CASp report and conclude the terms of a settlement. 27 4. The parties agree and submit that settlement of this case prior to the preparation of a joint status 28 report would save valuable court time and resources. JOSE ACOSTA v. REYNA TAMEZ, et al. Second Stipulation For Extension of Time 1 Case No. 1:16-cv-01614 1 5. The parties have agreed to extend Defendants’ time to respond to the complaint until January 2 23, 2017, subject to the court's approval, and believe that the case can be settled within that time. 3 NOW THEREFORE, Defendants through their attorneys, and Plaintiff JOSE ACOSTA 4 through his attorneys, hereby stipulate and agree that the time for REYNA TAMEZ dba AL’S 5 RICOS TACOS aka AL RICOS TACOS, JOSE NINO dba AL’S RICOS TACOS aka AL RICOS 6 TACOS, JOHN BETTENCOURT and DEBBY BETTENCOURT to answer or otherwise respond 7 to the Complaint shall be extended up to and including January 23, 2017, pending court approval. 8 IT IS SO STIPULATED. 9 10 Dated: December 19, 2016 MOORE LAW FIRM, P.C. /s/Tanya E. Moore Tanya E. Moore, Attorney for Plaintiff Jose Acosta 11 12 Dated: December 19, 2016 13 /s/Bruce A. Neilson Bruce A. Neilson, Attorney for Defendants, Reyna Tamez, Jose Nino, John Bettencourt and Debby Bettencourt 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE ACOSTA v. REYNA TAMEZ, et al. Second Stipulation For Extension of Time 2 Case No. 1:16-cv-01614 1 2 3 4 5 ORDER IT IS SO ORDERED that defendants REYNA TAMEZ dba AL’S RICOS TACOS aka AL RICOS TACOS, JOSE NINO dba AL’S RICOS TACOS aka AL RICOS TACOS, JOHN BETTENCOURT and DEBBY BETTENCOURT shall have until January 23, 2017 to answer or otherwise respond to the Complaint. 6 7 IT IS SO ORDERED. 8 9 Dated: December 20, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE ACOSTA v. REYNA TAMEZ, et al. Second Stipulation For Extension of Time 3 Case No. 1:16-cv-01614

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