Hoang et al v. Vinh Phat Supermarket et al

Filing 47

STIPULATION and ORDER 45 signed by Senior Judge William B. Shubb on 1/17/2014 extending 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 until 2/18/2014. (Kirksey Smith, K)

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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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1
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, Third Party Plaintiffs and Third-Party Defendant previously stipulated to extend

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the deadline to respond to thirty days following mediation in order to enable all parties in the action

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to participate in a mediation, which the Court approved by Order on or about November 20, 2013.

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Whereas, all parties to the entire action participated in a mediation on December 17, 2013,

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wherein the parties to the original complaint in this matter agreed to settle their claims against

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Defendants Vinh Phat Supermarket, Suying Plaskett, Sau Vong, and Cam Ly.

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Whereas, the parties to this stipulation are continuing to work towards final resolution of the

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Third-Party Complaint as an extension of the mediation process, following the settlement of the

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claims by the Plaintiffs.

Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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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 the parties fail to resolve the

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dispute as between these parties.

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Whereas, this Stipulation is entered pursuant to Federal Rules of Civil Procedure Rule 6 and
Local Rule 144(a).
Therefore, Third-Party Plaintiffs and Third-Party Defendant hereby stipulate that Third-Party
Defendant shall have until February 18, 2014 to respond to the Third Party Complaint.
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.

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SO STIPULATED

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STIPULATION AND [PROPOSED] ORDER

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Dated: January 16, 2014

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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Dated: Dated: January 16, 2014

SEGAL & KIRBY LLP

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

Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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STIPULATION AND [PROPOSED] ORDER

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Orde
er

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For good cause shown the Court hereby exte nds Third-P
n,
Party Defend Muoi La
dant
am’s time to

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ond
hird-Party Co
omplaint file by Thirded
-Party Plaint
tiffs Suying P
Plaskett, Sau Vong, and
u
respo to the Th

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Chan Cam Ly on August 26, 2013 in the above captioned matter (Docket No 31) until F
n
n
r
o.
February 18,

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2014.

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Dated January 17, 2014
d:
1

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento CA 95814
Sacramento,

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STIPULATI
ION AND [PR
ROPOSED] OR
RDER