Escobedo v. Northern Village Associates, LP et al

Filing 7

ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT, ORDERING DISPOSITIONAL DOCUMENTS signed by Magistrate Judge Stanley A. Boone on 11/13/2023. IT IS HEREBY ORDERED that: 1. All pending dates and matters related to Defendant TGI Friday's, Inc. are VACATED; and 2. Plaintiff shall file dispositional documents on or before December 1, 2023. (Vue, Yee)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ESCOBEDO,
Plaintiff,

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Case No. 1:23-cv-01364-ADA-SAB
ORDER RE STIPULATION TO EXTEND
TIME FOR DEFENDANT TO RESPOND TO
COMPLAINT, ORDERING DISPOSITIONAL
DOCUMENTS

v.
NORTHERN VILLAGE ASSOCIATES, LP,
et al.,

(ECF No. 6)

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Defendants.

DEADLINE: DECEMBER 1, 2023

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On October 18, 2023, the parties agreed to extend the time for Defendant, TGI Friday’s,

18 Inc. to file a responsive pleading until November 16, 2023 because counsel for Defendant, TGI
19 Friday’s, Inc. had recently been retained and the parties were working towards a potential early
20 resolution of the matter. (ECF No. 5 at 2.)
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On November 10, 2023, the parties filed a second stipulation to extend time for

22 Defendant, TGI Friday’s, Inc. to file a responsive pleading until December 18, 2023 because the
23 parties resolved the matter by way of a settlement agreement on November 8, 2023. (ECF No. 6
24 at 2.) The parties represent the matter requires dismissal with prejudice “in the near future” upon
25 receipt of the settlement payment by Plaintiff’s counsel. (Id.)
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The Court construes the parties’ instant stipulation as a notice of settlement pursuant to

27 Local Rule 160(a). Accordingly, rather than granting an extension of time to respond to the
28 complaint, the Court will vacate all pending dates related to Defendant TGI Friday’s, Inc. and

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1 shall require Plaintiff to file dispositional documents within twenty-one (21) days, consistent
2 with the Local Rule. See L.R. 160(b) (“[T]he Court shall fix a date upon which the documents
3 disposing of the action or motion must be filed, which date shall not be more than twenty-one
4 (21) days from the date of said notification, absent good cause.”). At that point, if Plaintiff
5 requires additional time to file dispositional documents as to the Defendant, Plaintiff may request
6 an extension of the deadline upon a demonstration of specific good cause. However, in this
7 regard, the parties are advised that once the terms of a settlement agreement are finalized and the
8 settlement agreement is signed by the parties, dismissal is not dependent on performance, but
9 rather settlement of the action.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

All pending dates and matters related to Defendant TGI Friday’s, Inc. are
VACATED; and

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2.

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Plaintiff shall file dispositional documents on or before December 1, 2023.

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IT IS SO ORDERED.

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November 13, 2023
UNITED STATES MAGISTRATE JUDGE

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