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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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: [phone]
Fax: [phone]
[e-mail]; [e-mail]

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Attorneys for Defendant
GALT ACE HARDWARE, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT KALANI,

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Plaintiff,
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vs.
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GABRIEL H. CHIU, Trustee of The Chiu
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Family Revocable Trust, under Declaration of )
Trust dated January 23, 1991; LAI HAR
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CHIU, Trustee of The Chiu Family Revocable )
Trust, under Declaration of Trust dated
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January 23, 1991; SUBWAY 11234
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PARTNERSHIP dba SUBWAY #11234;
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GALT ACE HARWARE, INC. dba GALT
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ACE HARDWARE,
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Defendants.
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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

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WHEREAS, Plaintiff, Robert Kalani (“Plaintiff”), by and through his attorney of record, and

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Defendant, Galt Ace Hardware, Inc. dba Galt Ace Hardware (“Defendant”), by and through its

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attorney of record, and together with Plaintiff, (“the Parties”) in anticipation of being able to settle

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this action, previously agreed to an extension of time for Defendant to file responsive pleadings by

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not more than 28 days, and responsive pleadings were thereby due on September 11, 2013;
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AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE,
INC. TO FILE ITS RESPONSIVE PLEADING; ORDER

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WHEREAS, since the last stipulation was entered into, the Parties are currently in
meaningful settlement negotiations and are optimistic that a settlement is imminent;

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WHEREAS, the Parties desire to conserve the Court’s time and minimize the fees which will

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be expended in this action in preparing responsive pleadings, and preparing the Status Report which

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is currently due September 20, 2013, and instead wish to put their efforts and resources into

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settlement;

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WHEREAS, all other parties to this action have been dismissed due to settling with Plaintiff;

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NOW, THEREFORE, IT IS HEREBY STIPULATED between the Parties that

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Defendants may have to and including September 30, 2013 to file a responsive pleading in this

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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.

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IT IS SO STIPULATED.

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Dated: September 10, 2013

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff, Robert Kalani

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Dated: September 9, 2013

/s/ Erica L. Rosasco
Erica L. Rosasco
Attorneys for Defendant, Galt Ace Hardware,
Inc. dba Galt Ace Hardware

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AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE,
INC. TO FILE ITS RESPONSIVE PLEADING; ORDER

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ORDER

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The Parties having so stipulated, and good cause appearing,

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IT IS HEREBY ORDERED that Defendant’s responsive pleadings be filed on or before

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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.

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IT IS SO ORDERED.

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Dated: September 11, 2013

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Troy L. Nunley
United States District Judge

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AMENDED SECOND STIPULATION EXTENDING TIME FOR DEFENDANT GALT ACE HARDWARE,
INC. TO FILE ITS RESPONSIVE PLEADING; ORDER