Dalton, et al. v. The Pines Resorts of California, LLC, et al.

Filing 26

STIPULATION and ORDER TO CONTINUE DEADLINE TO DEFENDANT TO RESPOND TO SECOND AMENDED COMPLAINT. For GOOD CAUSE SHOWN, it is so ORDERED. The deadline for Defendant to respond to the Second Amended Complaint is continued to the January 4, 2023, and the briefing schedule for any motion to dismiss is set as follows: a. Deadline for Plaintiffs to file an Opposition to any Motion to Dismiss: January 17, 2023. b. Deadline for Defendant to file a Reply to Plaintiff's Opposition to Motion to Dismiss: January 24, 2023. Order signed by District Judge Anthony W. Ishii on 11/16/2022. (Apodaca, P)

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PAUL L. REIN, Esq. (SBN 43053)
AARON M. CLEFTON, Esq. (SBN 318680)
REIN & CLEFTON, Attorneys at Law
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]
Attorneys for Plaintiffs
JOHN DALTON and KATHERINE DALTON
Philip H. Stillman, Esq. SBN# 152861
STILLMAN & ASSOCIATES
3015 North Bay Road, Suite B
Miami Beach, Florida 33140
Tel. and Fax: [phone]
[e-mail]
Attorneys for defendant
HOME AWAY INC.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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JOHN DALTON and KATHERINE
DALTON,

Civil Rights

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Plaintiffs,

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v.

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Case No. 1:21-cv-01722-AWI-HBK

HOME AWAY INC.

STIPULATION AND [PROPOSED] TO
CONTINUE DEADLINE TO
DEFENDANT TO RESPOND TO
SECOND AMENDED COMPLAINT

Defendant.

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STIPULATION
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Plaintiffs JOHN DALTON and KATHERINE DALTON (“Plaintiffs”) and Defendant
HOME AWAY INC. (“Defendant”) (collectively, “the Parties”) hereby stipulate and request that
the Court continue the deadline for Defendant to respond to Plaintiff’s Second Amended

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Complaint and set the proposed briefing schedule for any Motion to Dismiss. This request is
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based on the following good cause:
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1.

Plaintiffs filed their Second Amended Complaint on October 26, 2022. Dkt. No.

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24.
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STIPULATION AND [PROPOSED] ORDER
REGARDING MTD BRIEFING SCHEDULE
Case No. 1:22-cv-01722-AWI-HBK

K:\AWI\To_Be_Signed\21cv1722.o.Dalton stip regarding answer deadline and Briefing Schedule.mas.docx

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2.

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The deadline for Defendant to respond to Plaintiff’s Second Amended Complaint is
November 16, 2022.

3.

Plaintiffs’ counsel is dealing with an ongoing family medical emergency which will

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require significant time away from the office in the coming weeks. The situation

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calls for surgical decisions, long term care, and potentially hospice for a family

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member. Additionally, the approaching holidays make scheduling difficult.

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4.

The Parties jointly stipulate and request that the Court continue the deadline for

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Defendant to respond to the Second Amended Complaint and set the following

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briefing schedule for any Motion to Dismiss.

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a.

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2023.
b.

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Deadline for Defendant to file a response to the Complaint: January 4,

Deadline for Plaintiffs to file an Opposition to any Motion to Dismiss:
January 17, 2023.

c.

Deadline for Defendant to file a Reply to Plaintiff’s Opposition to Motion
to Dismiss: January 24, 2023

IT IS SO STIPULATED.

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Dated: November 14, 2022

REIN & CLEFTON

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/s/ Aaron M. Clefton
By: AARON M. CLEFTON, ESQ.
Attorneys for Plaintiff
JOHN DALTON and KATHERINE DALTON

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Dated November 14, 2022

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STILLMAN AND ASSOCIATES
/s/ Philip H. Stillman
By: PHILIP H. STILLMAN, ESQ.
Attorneys for Defendant
HOME AWAY, INC.

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-2STIPULATION AND [PROPOSED] ORDER
REGARDING MTD BRIEFING SCHEDULE
Case No. 1:22-cv-01722-AWI-HBK

K:\AWI\To_Be_Signed\21cv1722.o.Dalton stip regarding answer deadline and Briefing Schedule.mas.docx

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[PROPOSED] ORDER
For GOOD CAUSE SHOWN, it is so ORDERED. The deadline for Defendant to respond

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to the Second Amended Complaint is continued to the January 4, 2023, and the briefing schedule

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for any motion to dismiss is set as follows:

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a. Deadline for Plaintiffs to file an Opposition to any Motion to Dismiss: January 17,
2023.
b. Deadline for Defendant to file a Reply to Plaintiff’s Opposition to Motion to
Dismiss: January 24, 2023.

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IT IS SO ORDERED.
Dated: November 16, 2022
SENIOR DISTRICT JUDGE

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-3STIPULATION AND [PROPOSED] ORDER
REGARDING MTD BRIEFING SCHEDULE
Case No. 1:22-cv-01722-AWI-HBK

K:\AWI\To_Be_Signed\21cv1722.o.Dalton stip regarding answer deadline and Briefing Schedule.mas.docx