Kalani v. Chiu et al

Filing 26

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/11/2013 re: 25 Stipulation and Proposed Order ORDERING defendant's responsive pleadings be filed on or before 9/30/2013; FURTHER ORDERED that a Joint Status Report in this matter be filed no later than 9/30/2013 if the action has not been settled in its entirety prior thereto. (Waggoner, D)

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5 Brett L. McKague, Esq. (SBN: 160396) Erica L. Rosasco, Esq., (SBN: 220836) FLESHER McKAGUE LLP 193 Blue Ravine Road, Suite 265 Folsom, CA 95630 Tele: (916) 358-9042 Fax: (916) 673-9672 blm@fbmllp.com; elr@fbmllp.com 6 Attorneys for Defendant GALT ACE HARDWARE, INC. 1 2 3 4 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 ROBERT KALANI, ) ) Plaintiff, ) ) vs. ) ) GABRIEL H. CHIU, Trustee of The Chiu ) Family Revocable Trust, under Declaration of ) Trust dated January 23, 1991; LAI HAR ) CHIU, Trustee of The Chiu Family Revocable ) Trust, under Declaration of Trust dated ) January 23, 1991; SUBWAY 11234 ) PARTNERSHIP dba SUBWAY #11234; ) GALT ACE HARWARE, INC. dba GALT ) ACE HARDWARE, ) ) Defendants. ) ) No. 2:13-cv-01140-TLN-AC AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE, INC. TO FILE RESPONSIVE PLEADING AND TO CONTINUE LAST DATE TO FILE STATUS REPORT; ORDER 23 24 WHEREAS, Plaintiff, Robert Kalani (“Plaintiff”), by and through his attorney of record, and 25 Defendant, Galt Ace Hardware, Inc. dba Galt Ace Hardware (“Defendant”), by and through its 26 attorney of record, and together with Plaintiff, (“the Parties”) in anticipation of being able to settle 27 this action, previously agreed to an extension of time for Defendant to file responsive pleadings by 28 not more than 28 days, and responsive pleadings were thereby due on September 11, 2013; 1 AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE, INC. TO FILE ITS RESPONSIVE PLEADING; ORDER 1 2 WHEREAS, since the last stipulation was entered into, the Parties are currently in meaningful settlement negotiations and are optimistic that a settlement is imminent; 3 WHEREAS, the Parties desire to conserve the Court’s time and minimize the fees which will 4 be expended in this action in preparing responsive pleadings, and preparing the Status Report which 5 is currently due September 20, 2013, and instead wish to put their efforts and resources into 6 settlement; 7 WHEREAS, all other parties to this action have been dismissed due to settling with Plaintiff; 8 NOW, THEREFORE, IT IS HEREBY STIPULATED between the Parties that 9 Defendants may have to and including September 30, 2013 to file a responsive pleading in this 10 11 12 matter. IT IS FURTHER STIPULATED that the Joint Status Report, which is currently due on September 20, 2013, be due on September 30, 2013 if the matter has not settled prior thereto. 13 14 IT IS SO STIPULATED. 15 16 Dated: September 10, 2013 MOORE LAW FIRM, P.C. 17 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff, Robert Kalani 18 19 20 21 22 Dated: September 9, 2013 /s/ Erica L. Rosasco Erica L. Rosasco Attorneys for Defendant, Galt Ace Hardware, Inc. dba Galt Ace Hardware 23 24 25 26 27 28 2 AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE, INC. TO FILE ITS RESPONSIVE PLEADING; ORDER 1 ORDER 2 The Parties having so stipulated, and good cause appearing, 3 IT IS HEREBY ORDERED that Defendant’s responsive pleadings be filed on or before 4 5 6 September 30, 2013; IT IS FURTHER ORDERED that a Joint Status Report in this matter be filed no later than September 30, 2013 if the action has not been settled in its entirety prior thereto. 7 8 IT IS SO ORDERED. 9 10 11 Dated: September 11, 2013 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE, INC. TO FILE ITS RESPONSIVE PLEADING; ORDER

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