West Coast Tires & Auto Center LLC et al v. Naveed et al

Filing 13

ORDER RE STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT GARY ZAROUNIAN TO RESPOND TO COMPLAINT, ORDER REQUIRING PLAINTIFFS TO FILE STATUS REPORT RE DEFENDANT MOHAMMAD NAVEED WITHIN 5 DAYS, ORDER CONTINUING SCHEDULING CONFERENCE. The mandatory scheduling conference is CONTINUED from November 14, 2019 to January 14, 2020, at 9:30 a.m. in Courtroom 9; The parties shall file a joint scheduling report at least seven (7) calendar days prior to the continued scheduling conference date. Signed by Magistrate Judge Stanley A. Boone on 10/8/2019. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WEST COAST TIRES & AUTO CENTER
LLC, et al.,

Case No. 1:19-cv-01165-DAD-SAB
ORDER RE STIPULATION FOR
EXTENSION OF TIME FOR DEFENDANT
GARY ZAROUNIAN TO RESPOND TO
COMPLAINT

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Plaintiffs,
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v.
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MOHAMMAD NAVEED, et al.,

ORDER REQUIRING PLAINTIFFS TO
FILE STATUS REPORT RE DEFENDANT
MOHAMMAD NAVEED WITHIN FIVE
DAYS

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Defendants.
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ORDER CONTINUING SCHEDULING
CONFERENCE TO JANUARY 14, 2020

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(ECF No. 12)
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Plaintiff filed this action on August 25, 2019. (ECF No. 1.) On October 8, 2019, the

21 parties filed a stipulation requesting an extension until November 15, 2019, for Defendant Gary
22 Zarounian to file a response to Plaintiff’s complaint.

(ECF No. 12.)

This is the second

23 extension, as on September 13, 2019, the parties previously filed a stipulation extending
24 Defendant Gary Zarounian’s time to respond to the complaint by twenty-eight (28) days. (ECF
25 No. 11.) The Court shall grant the request, however, given the proximity of the extended
26 response deadline to the date of the scheduling conference, the Court shall also continue the date
27 of the scheduling conference.
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In the stipulation before the Court, the parties state that the requested extension for Gary

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2 Zarounian is to allow for the completion of an unlawful detainer action that Gary Zarounian is
3 pursuing against Defendant Mohammad Naveed. (ECF No. 12 at 1.) Defendant Mohammad
4 Naveed has not filed a response to the complaint, nor received an extension to do so, and was
5 served with the summons on September 4, 2019. (ECF No. 10.) Pursuant to Rule 12 of the
6 Federal Rules of Civil Procedure, a responsive pleading was due twenty-one days after service of
7 the summons and complaint. Fed. R. Civ. P. 12(a)(1)(A)(i). The Court shall require Plaintiffs to
8 either file a status report further explaining the status of Defendant Mohammed Naveed in this
9 action or file a request for entry of default. 1
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Pursuant to the stipulation of the parties, Defendant Gary Zarounian shall file a
response to Plaintiff’s complaint on or before November 15, 2019;

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2.

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Within five (5) days of the date of entry of this order, Plaintiffs shall either file a

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request for entry of default against Defendant Mohammad Naveed, or a status

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report regarding the status of the action as against Defendant Mohmmad Naveed;
3.

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The mandatory scheduling conference is CONTINUED from November 14, 2019
to January 14, 2020, at 9:30 a.m. in Courtroom 9;

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4.

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The parties shall file a joint scheduling report at least seven (7) calendar days
prior to the continued scheduling conference date.

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IT IS SO ORDERED.

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October 8, 2019
UNITED STATES MAGISTRATE JUDGE

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The Court also notes that Defendant George Zarounian has not been served in this action. It is not clear if Plaintiff
is still pursuing claims against George Zarounian now that Defendant Gary Zarounian has been designated in the
action as a doe defendant. (ECF No. 5.) While the deadline to serve has not passed, the Court expects Plaintiffs to
serve Defendant George Zarounian, dismiss him as a Defendant in this action, or provide notice to the Court prior to
continued scheduling conference date as to the status of this Defendant.

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