Acosta v. Gomez et al

Filing 20

STIPULATION and ORDER for further extension of time for defendants' responsive pleadings and to continue the Scheduling Conference from 8/31/2017 to 11/14/2017 at 03:45 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties are to file a joint scheduling report no later then seven days prior to the conference. Signed by Magistrate Judge Stanley A. Boone on 8/22/2017. (Hernandez, M)

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Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
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.
ADRIANA GABRIELA GOMEZ dba
ZAMORA CARNITAS MEXICAN
RESTAURANT, et al.

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Defendants.

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No. 1:17-cv-00493-AWI-SAB
STIPULATION FOR FURTHER
EXTENSION OF TIME FOR
DEFENDANTS’ RESPONSIVE
PLEADINGS AND FOR FURTHER
CONTINUANCE OF MANDATORY
SCHEDULING CONFERENCE; ORDER

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WHEREAS, Plaintiff Jose Acosta (“Plaintiff”), and Defendants, Adriana Gabriela

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Gomez dba Zamora Carnitas Mexican Restaurant, Humberto Gomez dba Zamora Carnitas

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Mexican Restaurant (“Defendants,” and together with Plaintiff, “the Parties”), previously

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entered into a stipulation granting Defendants to and including August 10, 2017 to file

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responsive pleadings in this matter (Dkt. 18);

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WHEREAS, Defendants Edmundo Sanchez and Rosalia Soledad Rodriguez Ruiz were
dismissed from the matter on July 14, 2017 (Dkt. 15);

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WHEREAS, Plaintiff previously requested, and the Court granted, a continuance of the

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Mandatory Scheduling Conference in this matter such that the Mandatory Scheduling

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Conference is now set for August 31, 2017 (Dkt. 13);

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WHEREAS, the Parties are engaged in settlement negotiations and are hopeful that a

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settlement can be reached informally, and desire to conserve attorney’s fees which would be

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incurred in filing the responsive pleading while they exhaust settlement efforts, and to conserve

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Court resources;

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WHEREAS, despite diligent efforts, Plaintiff has yet to effect service of the summons

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and First Amended Complaint on Defendant Enrique Sosa, which service must be effected by

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September 1, 2017 pursuant to Fed. R. Civ. P. 4(m). If Plaintiff cannot effect service by that

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date he will take alternative action, such as requesting additional time and/or leave to effect

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service by publication.

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NOW, THEREFORE, the Parties, by and through their respective counsel, stipulate to

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a continuance of the Mandatory Scheduling Conference currently set for August 31, 2017 to a

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date at the Court’s convenience on or after October 31, 2017. The Parties additionally stipulate

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to a further extension of time for Defendants’ responsive pleadings, such that the responsive

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pleadings be filed on or before October 13, 2017.

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Dated: August 21, 2017

MISSION LAW FIRM, A.P.C.
/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Jose Acosta

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Dated: August 21, 2017

LAW OFFICE OF TOMÁS NÚÑEZ

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/s/ Tómas Núñez
Tómas Núñez
Attorney for Defendants
Adriana Gabriela Gomez dba Zamora
Carnitas Mexican Restaurant and Humberto
Gomez dba Zamora Carnitas Mexican
Restaurant

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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 the time within which Defendants, Adriana Gabriela

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Gomez dba Zamora Carnitas Mexican Restaurant and Humberto Gomez dba Zamora Carnitas

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Mexican Restaurant, must file their responsive pleadings is extended to and including October

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13, 2017. The Mandatory Scheduling Conference currently set for August 31, 2017 is continued

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to November 14, 2017 at 3:45 p.m. in Courtroom 9, before Magistrate Judge Stanley A. Boone.

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The parties are to file their Joint Scheduling Report no later than seven days prior to the

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conference.

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IT IS SO ORDERED.
Dated:

August 22, 2017
UNITED STATES MAGISTRATE JUDGE

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