Anthony et al v. Harmon et al

Filing 37

STIPULATION and ORDER signed by Judge William B. Shubb on 12/23/09 ORDERING that Plaintiff's Amended 1 Complaint is due on or before 1/8/10. (Owen, K)

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LAW CORPORATION

Robert W. Hirsh, State Bar No. 102731 ROBERT W. HIRSH & ASSOCIATES 8383 Wilshire Boulevard, Suite 510 Beverly Hills, California 90211 Telephone: [phone] Facsimile: 310/275-4050 Email: [e-mail] Charles L. Post, State Bar No. 160443

weintraub genshlea chediak
a law corporation

400 Capitol Mall, 11th Floor Sacramento, California 95814 Telephone: [phone] Facsimile: 916/446-1611 Email: [e-mail] Attorneys for Plaintiffs Carmelo Anthony, Melo Enterprises, Inc. and Chosen One Properties, LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CARMELO ANTHONY; MELO ENTERPRISES, INC.; and CHOSEN ONE PROPERTIES, LLC, Plaintiffs, v. LARRY HARMON aka LARRY W. HARMON aka LAWRENCE HARMON; LARRY HARMON & ASSOCIATES, P.A.; HARMON-CASTILLO, LLP; FRANK CASTILLO; KELLY RUNKLE; SORA BARNES; KENNY CRUZ aka KENNETH CRUZ; KC DEVELOPMENT, LLC; VITALIS PARTNERS, LLC; PROFESSIONAL PARTNERS, LLC; and MCG PARTNERS Defendants.

Case No.: 2:09-CV-02272 WBS-KJM STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND ORDER THEREON

Complaint Filed: August 17, 2009

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Stipulation to Extend Time for Plaintiff to File Amended Complaint and Order Thereon Case No. 2:09-CV-02272

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LAW CORPORATION

This Stipulation is made by and between plaintiffs Carmelo Anthony, Melo Enterprises, Inc. and Chosen One Properties, LLC (collectively "Plaintiffs") and defendants Larry Harmon aka Larry W. Harmon aka Lawrence Harmon; Larry Harmon & Associates, P.A., Harmon-Castillo, LLP, Frank Castillo, and Vitalis Partners, LLC (collectively "Defendants"). RECITALS WHEREAS, on November 25, 2009, the Court entered an Order granting Defendants' motion to dismiss Plaintiff's complaint, and granting Plaintiffs thirty-days from the date of the November 25, 2009 Order to file an amended complaint. See Docket No. 26. WHEREAS under the Court's November 25, 2009 Order, Plaintiffs current deadline to file their amended complaint falls on December 25, 2009, a federal holiday. WHEREAS, counsel for Plaintiffs and Defendants have conferred and agreed that in light of the Holiday season and counsel's continuing communication with each other concerning the various claims and defenses of the parties, good cause exists to allow Plaintiffs an extension of time to file their amended complaint to January 8, 2010. WHEREAS Plaintiffs do not intend to name Kelly Runkle, Sora Barnes, Professional Partners, LLC, and/or MCG Partners as defendants to the First Amended Complaint, therefore the consent of these parties to the present stipulation is not required. WHEREAS the default of Defendants Kenny Cruz aka Kenneth Cruz and KC Development, LLC was previously taken, therefore the consent of these parties to the present stipulation is not required. STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, that good cause exists to extend the time within which Plaintiffs may file their amended complaint from December 25, 2009 to January 8, 2010, and the parties respectfully request the Court to enter an Order thereon. /// /// /// 2
Stipulation to Extend Time for Plaintiff to File Amended Complaint and Order Thereon Case No. 2:09-CV-02272

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{1170123.DOC;}

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LAW CORPORATION

IT IS SO STIPULATED. Dated: December 22, 2009 ROBERT W. HIRSH & ASSOCIATES

By:

/s/ - Robert W. Hirsh Robert W. Hirsh Attorneys for Plaintiffs Carmelo Anthony, Melo Enterprises, Inc. and Chosen One Properties, LLC

Dated: December 22, 2009 By:

BANKS & WATSON /s/ - James J. Banks James J. Banks (as authorized December 22, 2009) Attorneys for Defendants Larry Harmon aka Larry W. Harmon aka Lawrence Harmon; Larry Harmon & Associates, P.A., Harmon-Castillo, LLP, Frank Castillo, and Vitalis Partners, LLC,

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Stipulation to Extend Time for Plaintiff to File Amended Complaint and Order Thereon Case No. 2:09-CV-02272

IT IS SO ORDERED Dated: December 23, 2009

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