Acosta v. Perez, et al.
Filing
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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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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
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Attorneys for Plaintiff
Jose Acosta
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE ACOSTA,
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Plaintiff,
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vs.
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DAVID PEREZ dba SUMNER’S SCHWINN )
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BICYCLE SHOP, et al.,
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Defendants.
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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
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WHEREAS, Plaintiff Jose Acosta (“Plaintiff”), by and through his attorneys of record,
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and Defendants Richard S. Emler and Honorina Emler (“Defendants,” and together with
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Plaintiff, “the Parties”), by and through their counsel of record, previously entered into a
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stipulation granting Defendants to and including January 9, 2017 to file a responsive pleading
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in this matter (Dkt. 8);
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WHEREAS, the Parties, along with defendants David Perez and Linda Perez, both dba
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Sumner’s Schwinn Bicycle Shop, have reached an agreement to settle the matter and a
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settlement agreement has been circulated for signatures, and the Parties desire to conserve
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attorney’s fees which would be incurred in filing the responsive pleading while they finalize the
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settlement;
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties
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that Defendants may have to and including January 31, 2017 to file a responsive pleading in
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this matter. This extension of time does not alter the date of any event or any deadline already
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fixed by Court order, including the due date of the joint scheduling report which will also be
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filed on January 31, 2017 in the event the settlement is not finalized.
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Dated: January 19, 2017
MISSION LAW FIRM, A.P.C.
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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Jose Acosta
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Dated: January 19, 2017
KAPETAN BROTHERS, LLP
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/s/ Marc N. Kapetan
Marc N. Kapetan
Attorney for Defendants
Richard S. Emler and Honorina Emler
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Page 2
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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 Defendants, Richard S. Emler and Honorina Emler,
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shall have to and including January 31, 2017 within which to file a responsive pleading.
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IT IS SO ORDERED.
Dated:
January 19, 2017
UNITED STATES MAGISTRATE JUDGE
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