Johnson v. Redwood Nursery Inc. et al

Filing 13

ORDER re 12 Ex Parte Application for an Ext of Time, signed by Judge Morrison C. England, Jr., on 7/24/09. Dft Redwood Nursery, Inc., shall have until 8/17/09, to respond to pltf's complaint.(Kastilahn, A)

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Timothy J. Murphy, State Bar No. 54200 Jennifer K. Achtert, State Bar No. 197263 FISHER & PHILLIPS LLP One Embarcadero Center, Suite 2340 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant REDWOOD NURSERY, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SCOTT N. JOHNSON, Plaintiff, vs. REDWOOD NURSERY INC., individually and doing business as BRANCHES NURSERY and DAEHLING RANCH, LLC, a California limited liability company, Defendants. CASE NO. 2:09-CV-01319-MCE-KJM EX PARTE APPLICATION FOR EXTENSION OF TIME FOR DEFENDANT REDWOOD NURSERY, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; ORDER Complaint Filed: May 13, 2009 Trial Date: TBD

I, Jennifer K. Achtert, hereby declare as follows: 1. I am Of Counsel to Fisher & Phillips LLP, attorneys of record for defendant

Redwood Nursery, Inc., in this matter. I am licensed to practice law in the State of California and before this Court, and I am familiar with the pleadings and documents pertaining to the above-captioned lawsuit. I have personal knowledge of the facts stated in this declaration and, if called as a witness, could competently testify to these facts. 2. Pursuant to Local Rule 6-144(c), Defendant Redwood Nursery, Inc. ("Defendant

Redwood"), submits its Ex Parte Application for Extension of Time to Answer or Otherwise Respond to Complaint, to provide Defendant Redwood with an extension of time of twenty///
____________________________________________________________________________________________ EX PARTE APPLICATION FOR EXTENSION OF TIME FOR DEFENDANT REDWOOD NURSERY, INC. 1 TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; PROPOSED ORDER

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seven (27) days, until August 17, 2009, to submit its answer or other responsive pleading to Plaintiff's Complaint. 3. On May 13, 2009, Plaintiff filed his Complaint in this matter which contains

claims arising under Title III of the Americans With Disabilities Act and California Law. 4. On or about June 22, 2009, Defendant Redwood was served with a copy of the

Complaint and summons through service upon its registered agent. Defendant Redwood had until approximately July 13, 2009, to file its answer or other responsive pleading to the Complaint. 5. 6. On July 14, 2009, Defendant Redwood retained the undersigned counsel. On July 14 and 15, 2009, my firm, as counsel for Defendant Redwood,

contacted Plaintiff to ascertain Plaintiff's willingness to enter into a stipulation providing Defendant Redwood with the requested extension to submit its answer or other responsive pleading. 7. To date, counsel for Defendant Redwood have not received a response to their

request. There have therefore been no previous extensions obtained. 8. Defendant Redwood is currently investigating this matter and the requested

extension will provide Defendant Redwood with an opportunity to complete its investigation and explore the possibility of settlement. 9. In addition, the owners of Defendant Redwood have filed for individual

bankruptcy. Defendant Redwood also anticipates filing for bankruptcy and closing the nursery in the near future. The requested extension will provide Defendant Redwood with an opportunity to advise Plaintiff (and Defendant Daehling Ranch, LLC, which is assembling a cross-claim against Defendant Redwood) of its pending bankruptcy and to discuss its ramifications on the possible resolution of this matter. 10. This Ex Parte Application is not being submitted for the purpose of undue delay

or for any improper purpose and, again, will provide the parties an opportunity to explore the possibility of an early settlement. In addition, this Application will not impact any existing scheduling dates or prejudice any of the parties to this litigation.
____________________________________________________________________________________________ EX PARTE APPLICATION FOR EXTENSION OF TIME FOR DEFENDANT REDWOOD NURSERY, INC. 2 TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; PROPOSED ORDER

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11.

WHEREFORE, Defendant, Redwood Nursery, Inc., respectfully submits its Ex

Parte Application requesting an extension of time until August 17, 2009, to submit its answer or other responsive pleading to Plaintiff's Complaint.

I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 21st of July 2009, at San Francisco, California. /s/ Jennifer K. Achtert Jennifer K. Achtert

ORDER This matter having come before the Court on Defendant Redwood Nursery, Inc.'s EX PARTE APPLICATION FOR EXTENSION OF TIME FOR DEFENDANT REDWOOD NURSERY TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, Defendant Redwood Nursery, Inc. shall have until August 17, 2009, to submit its answer or other responsive pleading to Plaintiff's Complaint. IT IS SO ORDERED. DATED: July 24, 2009 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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____________________________________________________________________________________________ EX PARTE APPLICATION FOR EXTENSION OF TIME FOR DEFENDANT REDWOOD NURSERY, INC. 3 TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; PROPOSED ORDER