Acosta v. Perez, et al.

Filing 13

SECOND STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS RICHARD S. EMLER AND HONORINA EMLER TO RESPOND TO COMPLAINT; ORDER that Defendants, Richard S. Emler and Honorina Emler, shall have to and including January 31, 2017 within which to file a responsive pleading. Signed by Magistrate Judge Stanley A. Boone on 1/19/2017. (Hernandez, M)

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1 2 3 4 Tanya E. Moore, SBN 206683 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: service@mission.legal 5 6 Attorneys for Plaintiff Jose Acosta 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 JOSE ACOSTA, ) ) Plaintiff, ) ) ) vs. ) DAVID PEREZ dba SUMNER’S SCHWINN ) ) BICYCLE SHOP, et al., ) ) Defendants. ) ) ) 18 19 20 21 22 23 24 25 26 27 28 Page 1 No. 1:16-cv-01738-LJO-SAB SECOND STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS RICHARD S. EMLER AND HONORINA EMLER TO RESPOND TO COMPLAINT; ORDER 1 WHEREAS, Plaintiff Jose Acosta (“Plaintiff”), by and through his attorneys of record, 2 and Defendants Richard S. Emler and Honorina Emler (“Defendants,” and together with 3 Plaintiff, “the Parties”), by and through their counsel of record, previously entered into a 4 stipulation granting Defendants to and including January 9, 2017 to file a responsive pleading 5 in this matter (Dkt. 8); 6 WHEREAS, the Parties, along with defendants David Perez and Linda Perez, both dba 7 Sumner’s Schwinn Bicycle Shop, have reached an agreement to settle the matter and a 8 settlement agreement has been circulated for signatures, and the Parties desire to conserve 9 attorney’s fees which would be incurred in filing the responsive pleading while they finalize the 10 settlement; 11 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties 12 that Defendants may have to and including January 31, 2017 to file a responsive pleading in 13 this matter. This extension of time does not alter the date of any event or any deadline already 14 fixed by Court order, including the due date of the joint scheduling report which will also be 15 filed on January 31, 2017 in the event the settlement is not finalized. 16 17 Dated: January 19, 2017 MISSION LAW FIRM, A.P.C. 18 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff Jose Acosta 19 20 21 22 Dated: January 19, 2017 KAPETAN BROTHERS, LLP 23 /s/ Marc N. Kapetan Marc N. Kapetan Attorney for Defendants Richard S. Emler and Honorina Emler 24 25 26 27 28 Page 2 1 ORDER 2 The Parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED that Defendants, Richard S. Emler and Honorina Emler, 4 shall have to and including January 31, 2017 within which to file a responsive pleading. 5 6 7 8 IT IS SO ORDERED. Dated: January 19, 2017 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3

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