Northern Central Distributing, Inc. v. Bogenschutz et al

Filing 33

STIPULATION and ORDER to continue the Show Cause Hearing currently set for 6/11/2018 to 6/25/2018 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 5/22/2018. (Kusamura, W)

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Russell K. Ryan, #139835
MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
1690 West Shaw Avenue, Suite 200
Fresno, California 93711
Telephone [phone]
Facsimile [phone]
Attorneys for Defendants ROCKIE BOGENSCHUTZ
and ROCKIE’S CONTAINERS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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NORTHERN CENTRAL
DISTRIBUTING, INC., a California
corporation dba YOSEMITE HOME
DECOR,

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Plaintiff,

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v.

Case No.: 1:17-cv-01351-AWI-EPG
STIPULATION AND ORDER
CONTINUING HEARING DATE ON
MOTION FOR AN ORDER TO
SHOW CAUSE RE CONTEMPT
Current Hearing Date: June 11, 2018
New Hearing Date: June 25, 2018

ROCKIE BOGENSCHUTZ, an individual,
ROCKIE’S CONTAINERS, LLC, a
California limited liability company, dba Y
DÉCOR and YOSEMITE DÉCOR,

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Defendants.

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF
RECORD:
Plaintiff Northern Central Distributing, Inc. (“Plaintiff”) and Defendants

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Rockie Bogenschutz and Rockie’s Containers, LLC (“Defendants”) (collectively, the

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“Parties”) stipulate to continue the hearing on the Motion for an Order to Show Cause

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Re Contempt currently on calendar for June 11, 2018 to June 25, 2018.

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As the court is already aware, counsel for Defendants was injured in a

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serious accident on March 26, 2018 when he broke bones in both legs and feet. Counsel

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is able to do some work, but approximates that he can only work at about 50% of his

MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
{05738/0000//526455.DOC}
Stipulation and Order to Continue Hearing

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previous capacity. Due to his condition, defense counsel has largely been unable to

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meet with clients, and has not been able to meet with the client with respect to the

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instant motion. Counsel’s injuries are such that he needs additional time to prepare the

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opposition, and the Parties have agreed to a continuance of the hearing in order to allow

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this additional time.

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This stipulation is not intended to impact, curtail or stop the accrual of any

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penalties that may be assessed by the court, but is being entered into at the request of

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counsel for defendant to accommodate his limitations due to his significant physical

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injuries.

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Dated: May 22, 2018

MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP

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By: /s/Russell K. Ryan
Russell K. Ryan, Attorneys for
Defendants Rockie Bogenschutz
and Rockie’s Containers, LLC

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Dated: May 22, 2018

DOWLING AARON INCORPORATED

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By: /s/Stephanie Hamilton Borchers
Stephanie Hamilton Borchers,
Attorneys for Plaintiff Northern
Central Distributing, Inc.

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ORDER

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IT IS SO ORDERED.

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Dated: May 22, 2018

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SENIOR DISTRICT JUDGE

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
{05738/0000//526455.DOC}
Stipulation and Order to Continue Hearing

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
{05738/0000//526455.DOC}
Stipulation and Order to Continue Hearing