Acosta v. Damian, et al.

Filing 6

STIPULATION and ORDER for Extension of Time for Defendant Juan Damian to Respond to Complaint in Excess of 28 Days. The deadline for Defendant Juan Damian dba El Parian Grocery Mart to respond to the complaint is hereby extended from December 18, 2017, through February 8, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 1/11/2018. (Timken, A)

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1 2 3 4 5 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 Attorneys for Plaintiff Jose Acosta 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 11 JOSE ACOSTA, 12 13 14 Plaintiff, vs. JUAN DAMIAN dba EL PARIAN GROCERY MART, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:17-cv-01533-DAD-SKO STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT JUAN DAMIAN TO RESPOND TO COMPLAINT IN EXCESS OF 28 DAYS 18 Plaintiff Jose Acosta (“Plaintiff”), by and through his counsel of record, and Defendant 19 Juan Damian dba El Parian Grocery Mart (“Defendant,” and together with Plaintiff, “the 20 Parties”), who is currently seeking counsel and is specially appearing on his own behalf for the 21 sole purpose of obtaining this extension, pursuant to Local Rule 144, hereby stipulate as 22 follows: 23 24 WHEREAS, Defendant’s responsive pleading was due on December 18, 2017, and was not timely filed because Defendant was on vacation; 25 WHEREAS, Plaintiff and Defendant are engaged in settlement negotiations and are 26 hopeful that a settlement can be reached informally, and desire to conserve attorney’s fees 27 which would be incurred in filing the responsive pleadings while they exhaust settlement 28 efforts; STIPULATION FOR EXTENSION OF TIME; ORDER Page 1 1 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties 2 that Defendant may have to and including February 8, 2018 to file a responsive pleading in this 3 matter. This extension of time does not alter the date of any event or any deadline already fixed 4 by Court order, but does exceed 28 days. 5 6 Dated: January 11, 2018 MISSION LAW FIRM, A.P.C. 7 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff Jose Acosta 8 9 10 11 12 Dated: January 11, 2018 /s/ Juan Damian Defendant, Juan Damian dba El Parian Grocery Mart 13 14 15 16 17 18 19 ATTESTATION I attest that the original signatures of the persons whose electronic signatures are shown above are maintained by me, and that their concurrence in the filing of this document and attribution of their signatures was obtained. /s/ Zachary M. Best Zachary M. Best, Attorney for Plaintiff, Jose Acosta 20 21 22 23 24 25 26 27 28 STIPULATION FOR EXTENSION OF TIME; ORDER Page 2 1 ORDER 2 Pursuant to the parties’ above stipulation to extend the time for Defendant Juan Damian 3 dba El Parian Grocery Mart, et al. to respond to the complaint (Doc. 5), and for good cause 4 shown, IT IS ORDERED that the deadline for Defendant Juan Damian dba El Parian Grocery 5 Mart to respond to the complaint is hereby extended from December 18, 2017, through 6 February 8, 2018. 7 8 9 10 IT IS SO ORDERED. Dated: January 11, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR EXTENSION OF TIME; ORDER Page 3 .

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