Hopson v. Valhalla Property Holding LLC, et al.

Filing 10

ORDER to continue Scheduling Conference from 5/23/2017 to 7/25/2017 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties shall file a Joint Scheduling Conference Report one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 5/17/2017. (Hernandez, M)

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DANIEL MALAKAUSKAS, SBN 265903
P.O. Box 7006
Stockton, CA 95267
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorney for PLAINTIFF:
CYNTHIA HOPSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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13 CYNTHIA HOPSON,

Case No.: 1:16-cv-1798-AWISAB

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PLAINTIFF,

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REQUEST FOR
CONTINUANCE OF RULE 26
CONFERENCE AND ORDER
GRANTING THEREOF

v.

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VALHALLA PROPERTY HOLDING
LLC, ALL US TACOS INC., as an
20 entity and doing business as “Del Taco”,
21 and DOES 1-10, inclusive,
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DEFENDANTS.

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On March 21st, 2017, this Court, by the Order of the Honorable Stanley A.

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Boone, scheduled the Rule 26 Status Conference for May 23rd, 2017, at 3:30 p.m., in

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Courtroom 9, on the 6th Floor of the Robert E. Coyle United States Courthouse,

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located at 2500 Tulare Street, in Fresno, California. Daniel Malakauskas, attorney for

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Plaintiff, Cynthia Hopson, now makes a request that this Court continue the Rule 26

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Conference for sixty (60) days.

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Declaration of Daniel Malakauskas In Support of Request

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I, Daniel Malakauskas, declare that if called as a witness and duly sworn, I

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would and could competently testify the following based on my own personal

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knowledge.
1.

I filed the complaint for this on November 28th, 2016.

2.

After, I filed the complaint, I hired the process server company, FireFly

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Legal, Inc. to serve the defendants.
2.

Firefly Legal, Inc., process server company was unable to serve

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defendant, Valhalla Property Holding, LLC.
3.

Firefly Legal, Inc., process server company personally served Abbas

Safedz, as owner of the “Del Taco”, located at 2400 Mitchell Road in Ceres,
California, on December 5th, 2017.
4.

Sometime after being served, it was brought to my attention, that Abbas

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Safedz did not actually own the “Del Taco” located at 2400 Mitchell Road in Ceres,

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California. Rather, ALL US TACOS, INC., owned the “Del Taco” located at 2400

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Mitchell Road, in Ceres, California.

5.

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Therefore, I filed an Amended Complaint on February 7 th, 2017 and

included ALL US TACOS, INC., as a defendant.

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6.

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After, I filed the Amended Complaint, I never received a new summons

for ALL US TACOS, INC. Therefore, on, or around, February 23rd, 2017, I contacted
the ECM help desk for the Court and requested that a new summons be issued. The

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ECM help desk issued a new summons.

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7.

After receiving the new summons, I contacted FireFly Legal, Inc., to

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serve ALL US TACOS, INC. Firefly Legal, Inc., was unable to serve the agent for
ALL US TACOS, INC in a manner that would have satisfied the service of process
laws.

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8.

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Subsequently, I was contacted by GUATTA DUTTA, as ALL US

TACOS, INC., is aware of the lawsuit. GUATTA DUTTA, who is attorney for

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Defendant, ALL US TACOS, INC., agreed to waive service of process on behalf of

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his clients but desired for sixty (60) days to file a response. Given the lack of

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complexity of this particular case, during our conversation, both Guatta Dutta and
myself both agreed that we will probably be able to settle the case within sixty (60)
days.

Finally, Mr. Guatta Dutta is in trial and will be unavailable next week.

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Therefore, I request that the Rule 26 Conference be continued for sixty (60) days.

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Date: May 16th, 2017.

/s/ Daniel Malakauskas
By: DANIEL MALAKAUSKAS
Attorney for PLAINTIFF
CYNTHIA HOPSON

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ORDER

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IT IS HEREBY ORDERED, that the status conference is continued from May

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23rd, 2017, at 3:30 p.m. until July 25, 2017 at 2:30 p.m. The parties shall file a Joint
Scheduling Conference Report one week before the new conference date.

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IT IS SO ORDERED.

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Dated:

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May 17, 2017
UNITED STATES MAGISTRATE JUDGE