Martino v. City of Benicia et al

Filing 28

STIPULATION and ORDER 27 for extension of time signed by Judge John A. Mendez on 10/17/2011. Parties shall submit a Joint Status Report on 11/30/2011.(Marciel, M)

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GREGG A. THORNTON (SBN 146282)
DANIELLE K. LEWIS (SBN 218274)
SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF BENICIA AND DARLENE
JALONEK

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Selman Breitman
man Breitman LLP

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JANET MARTINO,

CASE NO. 2:11-CV-02182-JAM-EFB

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Plaintiff,
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v.

STIPULATED REQUEST FOR EXTENSION
OF TIME TO FILE JOINT STATUS
REPORT; AND ORDER THEREON

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CITY OF BENICIA; BOB'S TOWING
SERVICE, INC.; DARLENE JALONEK
and DOES 1 to 50,

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Defendants.

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234617.1 555.30240

The parties, by and through their respective attorneys,
submit this stipulated request for an extension of time to file
the Joint Status Report required by this court's order of August
17, 2011.
Pursuant to the court's order, the parties' Joint Status
Report is due within sixty (60) days of service of the complaint
on any party, or from the date of removal.

In this matter,

defendants filed a notice of removal on August 17, 2011.

As

such, the parties' Joint Status Report is currently due on
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STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT
2:11-CV-02182-JAM-EFB

PDF created with pdfFactory trial version www.pdffactory.com

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October 17, 2011.
The pleadings in this matter are not yet at issue.

First,

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plaintiff's Motion to Remand Action, which defendants have

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opposed, is set for hearing before the court on October 19, 2011.

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Next, pursuant to the court's order, defendants CITY OF BENICIA

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and DARLENE JALONEK's Motion to Dismiss Plaintiff's First Amended

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Complaint is set for hearing on November 2, 2011. (DOC #23)

Selman Breitman
man Breitman LLP

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In light of the uncertainty of the pleadings, the parties
are unable to meaningfully meet and confer regarding future

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amendment of pleadings, anticipated motions, anticipated

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discovery, future proceedings, estimate regarding trial time,

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pretrial procedures or the appropriateness of a settlement

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conference.
Therefore, the parties request that the court extend the

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time by which the parties must submit a Joint Status Report until

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November 30, 2011, or any date thereafter that the court deems

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appropriate.

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It is so stipulated:

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DATED: October 14, 2011

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By:
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/s/ David R. Olick
David R. Olick
Attorneys for Plaintiff
JANET MARTINO

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234617.1 555.30240

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STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT
2:11-CV-02182-JAM-EFB

PDF created with pdfFactory trial version www.pdffactory.com

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DATED: October 14, 2011

SELMAN BREITMAN LLP

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By: /s/Danielle K. Lewis
GREGG A. THORNTON
DANIELLE K. LEWIS
Attorneys for Defendants
CITY OF BENICIA and
DARLENE JALONEK

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DATED: October 14, 2011

SMITH & BURSTEIN

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Selman Breitman
man Breitman LLP

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By: /s/ Jack Burstein
JACK BURSTEIN
Attorneys for Defendant
BOB'S TOW SERVICE

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234617.1 555.30240

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STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT
2:11-CV-02182-JAM-EFB

PDF created with pdfFactory trial version www.pdffactory.com

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ORDER

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Pursuant to the parties' stipulation, the court hereby

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orders that the parties submit a joint status report on November

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30, 2011.

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conformance with this court's order of August 17, 2011.

The contents of the joint status report shall be in

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ATTO
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Selman Breitman
man Breitman LLP

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IT IS SO ORDERED.

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Dated: 10/17/2011

/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Judge
Eastern District of California

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234617.1 555.30240

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STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT
2:11-CV-02182-JAM-EFB

PDF created with pdfFactory trial version www.pdffactory.com