Acosta v. Speed Engineering & Performance Corp., et al.

Filing 11

STIPULATION and ORDER that Defendant will file his First Amended Answer to Complaint within five (5) calendar days of the Court's Order permitting such filing. Order signed by Magistrate Judge Erica P. Grosjean on 5/18/2018. (Rooney, M)

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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 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) ) vs. ) SPEED ENGINEERING & PERFORMANCE ) ) CORPORATION dba SPEED ) ENGINEERING, et al., ) ) ) Defendants. ) JOSE TRUJILLO, 18 No. 1:18-cv-00350-LJO-EPG STIPULATION GRANTING DEFENDANT LEAVE TO FILE FIRST AMENDED ANSWER; ORDER IT IS HEREBY STIPULATED by and between Plaintiff, Jose Acosta (“Plaintiff”), 19 and Defendant, Jerry E. Cook, Trustee of the Jerry E. Cook and Suzanne M. Cook Family 20 21 Trust as amended and restated in 2005 Bypass Trust (“Defendant,” and together with Plaintiff, the “Parties”), the parties who have appeared in this action1, through their respective attorneys 22 of record, that Defendant may file a First Amended Answer to Complaint, a copy of which is 23 attached hereto as Exhibit “A.” This amendment will not modify any date or deadline fixed by 24 the Court, and is not prejudicial to Plaintiff, the product of undue delay, proposed in bad faith, 25 or futile. 26 27 28 1 A clerk’s default was entered against defendant Speed Engineering & Performance Corporation on May 15, 2018 (Dkt. 9). Page 1 1 2 3 IT IS FURTHER STIPULATED that Defendant will file his First Amended Answer to Complaint within five (5) calendar days of the Court’s Order permitting such filing. IT IS SO STIPULATED. 4 5 Dated: May 16, 2018 MISSION LAW FIRM, A.P.C. 6 /s/ Zachary M. Best Zachary M. Best Attorney for Plaintiff, Jose Acosta 7 8 9 10 Dated: May 16, 2018 DOWLING AARON INCORPORATED 11 12 13 14 15 /s/ G. Andrew Slater G. Andrew Slater Attorneys for Defendant, Jerry E. Cook, Trustee of the Jerry E. Cook and Suzanne M. Cook Family Trust as amended and restated in 2005 Bypass Trust 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 1 ORDER 2 3 4 5 6 7 The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that Defendant Jerry E. Cook, Trustee of the Jerry E. Cook and Suzanne M. Cook Family Trust as amended and restated in 2005 Bypass Trust, shall file his First Amended Answer to Complaint, a copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date this Order is filed. 8 IT IS SO ORDERED. 9 10 11 Dated: May 18, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3

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