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

Filing 14

STIPULATION and ORDER Granting Defendant Speed Engineering & Performance Corporation Leave to File Answer signed by Magistrate Judge Erica P. Grosjean on 06/04/2018. (Flores, E)

1
2
3
4
5
6

G. Andrew Slater #238126
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
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

7
8
UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

JOSE ACOSTA,

Case No. 1:18-cv-00350-LJO-EPG
Plaintiff,

STIPULATION GRANTING DEFENDANT
SPEED ENGINEERING &
vs.
PERFORMANCE CORPORATION dba
SPEED ENGINEERING LEAVE TO FILE
SPEED ENGINEERING & PERFORMANCE ANSWER AND ORDER
CORPORATION dba SPEED
ENGINEERING; JERRY E. COOK, Trustee
(ECF No. 13)
of THE JERRY E. COOK AND SUZANNE
M. COOK FAMILY TRUST as amended and
restated in 2005 Bypass Trust,
Defendants.

19
20

IT IS HEREBY STIPULATED by and between Plaintiff, Jose Acosta (“Plaintiff”),

21

and Defendant, Speed Engineering & Performance Corporation dba Speed Engineering

22

(“Defendant,” and together with Plaintiff, the “Parties”), through their respective attorneys of record,

23

that: (1) the default entered against Defendant Speed Engineering & Performance Corporation dba

24

Speed Engineering be set aside; and (2) Defendant Speed Engineering & Performance Corporation

25

dba Speed Engineering may file an Answer to the Complaint, a copy of which is attached hereto as

26

Exhibit “A.” This answer will not modify any date or deadline fixed by the Court, and is not

27

prejudicial to Plaintiff, the product of undue delay, proposed in bad faith, or futile.

28
STIPULATION GRANTING DEFENDANT SPEED ENGINEERING & PERFORMANCE
CORPORATION dba SPEED ENGINEERING LEAVE TO FILE ANSWER AND ORDER

1
2

IT IS FURTHER STIPULATED that Defendant will file its Answer to the
Complaint within five (5) calendar days of the Court’s Order permitting such filing.

3
4

IT IS SO STIPULATED.
Dated:

June 1, 2018

MISSION LAW FIRM, A.P.C.

5
6

By: /s/ Zachary M. Best
Zachary M. Best
Attorney for Plaintiff,
Jose Acosta

7
8
9

Dated:

June 1, 2018

DOWLING AARON INCORPORATED

10
11
12
13
14

By: /s/ G. Andrew Slater
G. ANDREW SLATER
Attorney 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

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

STIPULATION GRANTING DEFENDANT SPEED ENGINEERING & PERFORMANCE
CORPORATION dba SPEED ENGINEERING LEAVE TO FILE ANSWER AND ORDER

1

ORDER

2

Pursuant to the Parties’ stipulation (ECF No. 13), and good cause appearing,

3

IT IS ORDERED that (1) the stipulation is granted; (2) the default previously

4

entered against Defendant Speed Engineering & Performance Corporation dba Speed

5

Engineering (ECF No. 9) is set aside; and (3) Defendant Speed Engineering & Performance

6

Corporation dba Speed Engineering shall file its Answer to the Complaint, a copy of which was

7

filed with the Parties’ stipulation, within five (5) calendar days of the date this Order is filed.

8
9
10

IT IS SO ORDERED.
Dated:

June 4, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

STIPULATION GRANTING DEFENDANT SPEED ENGINEERING & PERFORMANCE
CORPORATION dba SPEED ENGINEERING LEAVE TO FILE ANSWER AND ORDER