Hoang et al v. Vinh Phat Supermarket et al

Filing 44

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/19/13. The Court EXTENDS Third-Party Defendant Muoi Lam'S time to respond to the Third-Party Complaint filed by Third-Party Plaintiffs Suying Plaskett, Sau Vong, and Chan Cam Ly on 8/26/13 31 until thirty (30) calendar days after mediation between the parties to this suit has concluded. If mediation does not conclude on12/17/13, Third-Party Defendant and Third-Party Plaintiffs shall inform the Court that mediation was not concluded and advise the Court when mediation will be concluded.(Mena-Sanchez, L)

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LOCKE LORD LLP
John P. Yung, SBN 201292
Krista J. Dunzweiler, SBN 227384
Daniel A. King, SBN 258524
500 Capitol Mall, Suite 1800
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Third-Party Defendant,
MUOI LAM

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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CASE NO. 2:13-cv-00724-WBS-EFB

JEANETTE HOANG, YUN WU, GUANG GU
XIANG, MENGTING FANNY KUO, GIA
NHAM THANH, EDMOND CAU VAN, GAO
ZHI WEI, DANNY HUNG LEUNG, YE-GUI
BU, and COOC MAN COONG,

STIPULATION AND [PROPOSED]
ORDER

Plaintiffs,
v.
VINH PHAT SUPERMARKET, INC., a
California Corporation; SAU V. VONG, as an
individual; CAM LY, as an individual; SUYING
PLASKETT, as an individual; and DOES 1 to
100, inclusive,
Defendants.
AND RELATED ACTIONS

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Whereas, Third-Party Plaintiffs Suying Plaskett, Sau Vong, and Cam Ly (aka Chan Cam Ly)

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(collectively “Third Party Plaintiffs”) and Third-Party Defendant Muoi Lam (“Third-Party

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Defendant”) previously stipulated to extend the time for Third-Party Defendant to respond to the

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STIPULATION AND [PROPOSED] ORDER

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Third-Party Complaint to November 27, 2013, pursuant to Local Rule 144(a), in order to pursue

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alternative dispute resolution.

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Whereas, all parties to the entire action have now agreed to participate in a mediation
scheduled for December 17, 2013.
Whereas, both sides wish to avoid burdening the Court with and incurring the expense of

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motion practice, including, without limitation motion practice under Rule 12(b)(6), concerning the

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Third-Party Complaint, which Third-Party Defendant will file should mediation fail to resolve the

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dispute as between these parties.

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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Whereas, this Stipulation is entered pursuant to Federal Rules of Civil Procedure Rule 6 and
Local Rule 144(a).
Whereas, counsel to all other parties to this action are aware of this stipulation and raise no
objection.

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Therefore, Third-Party Plaintiffs and Third-Party Defendant hereby stipulate that Third-Party

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Defendant shall have until 30 days after mediation of this matter is concluded to respond to the Third

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Party Complaint.

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Third-Party Plaintiffs and Third-Party Defendant also hereby respectfully request the Court

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issue the attached [Proposed] Order so extending Third-Party Plaintiff’s time to respond until after

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mediation of this matter concludes.

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SO STIPULATED

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Dated: November ___, 2013

Respectfully submitted,

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LOCKE LORD LLP

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By: /s/ Daniel A. King
DANIEL A. KING
Attorneys for Third-Party Defendant
MUOI LAM

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STIPULATION AND [PROPOSED] ORDER

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Dated: November ___, 2013

SEGAL & KIRBY LLP

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By:
JOHN T. KINN
Attorneys for Third-Party Plaintiffs
SAU V. VONG, CAM LY, and SUYING
PLASKETT

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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STIPULATION AND [PROPOSED] ORDER

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Order

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For good cause shown, the Court hereby extends Third-Party Defendant Muoi Lam’s time to

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respond to the Third-Party Complaint filed by Third-Party Plaintiffs Suying Plaskett, Sau Vong, and

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Chan Cam Ly on August 26, 2013 in the above captioned matter (Docket No. 31) until thirty (30)

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calendar days after mediation between the parties to this suit has concluded. If mediation does not

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conclude on December 17, 2013, Third-Party Defendant and Third-Party Plaintiffs shall inform the

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Court that mediation was not concluded and advise the Court when mediation will be concluded.

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Dated: November 19, 2013

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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STIPULATION AND [PROPOSED] ORDER