Anthony et al v. Harmon et al

Filing 46

STIPULATION and ORDER signed by Judge William B. Shubb on 1/19/2010 GRANTING 44 Stipulation and Proposed Order; The time within which defendants may respond to plaintiff's First Amended Complaint is extended from 1/19/2010 to 1/26/2010. (Matson, R)

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JAMES J. BANKS (SBN 119525) STEPHEN W. ROBERTSON (SBN 228708) BANKS & WATSON Hall of Justice Building 813 6th Street, Suite 400 Sacramento, CA 95814-2403 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants LARRY W. HARMON, FRANK CASTILLO, LARRY HARMON & ASSOCIATES, P.A., HARMON-CASTILLO, LLP, and VITALIS PARTNERS, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CARMELO ANTHONY, et al., Plaintiffs, v. LARRY HARMON, et al., Defendants.

CASE NO. 2:09-cv-02272-WBS-KJM STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT

This stipulation is made by and between plaintiffs Carmelo Anthony, Melo Enterprises, Inc. and Chosen One Properties, LLC ("Plaintiffs") and defendants Larry W. Harmon, Frank Castillo, Larry Harmon & Associates P.A., Harmon-Castillo, LLP and Vitalis Partners, LLC ("Defendants"), in light of the following facts: RECITALS WHEREAS, on January 8, 2010, Plaintiffs filed their First Amended Complaint; WHEREAS, Defendants' response to the First Amended Complaint is due on or before January 19, 2010; WHEREAS, good cause exists for the extension of time for Defendants to file a responsive pleading to the First Amended Complaint because a member of defendant Larry W. Harmon's family

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT

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passed away during the week of January 4, 2010 and he is unavailable to assist defense counsel with responding to the First Amended Complaint; WHEREAS, Plaintiffs and Defendants stipulate that Defendants may have an additional week to respond to the First Amended Complaint; WHEREAS, Defendants' response to the First Amended Complaint shall now be filed on or before January 26, 2010; WHEREAS, the parties further stipulate that the requested extension is not for the purposes of delay, but so that the due process of the parties is protected and so that justice may be done. STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants that the time within which Defendants may respond to Plaintiffs' First Amended Complaint is extended from January 19, 2010 to January 26, 2010. IT IS SO STIPULATED. DATED: January 15, 2010 BANKS & WATSON By: /s/ James J. Banks JAMES J. BANKS Attorneys for Defendants LARRY W. HARMON, FRANK CASTILLO, LARRY HARMON & ASSOCIATES, P.A., HARMON-CASTILLO, LLP, and VITALIS PARTNERS, LLC DATED: January 15, 2010 ROBERT W. HIRSH & ASSOCIATES ROBERT W. HIRSH WEINTRAUB GENSHLEA CHEDIAK CHARLES L. POST By: /s/ Robert W. Hirsh (as authorized on 01/15/10) ROBERT W. HIRSH Attorneys for Plaintiffs CARMELO ANTHONY, MELO ENTERPRISES, INC. and CHOSEN ONE PROPERTIES, LLC

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT

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IT IS SO ORDERED.

DATED: January 19, 2010

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STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT