California Sportfishing Protection Alliance v. Guntert Sales & Zimmerman et al

Filing 6

STIPULATION and ORDER 5 for extension of time signed by Chief Judge Morrison C. England, Jr. on 2/4/2014. Service of all defendants shall be deemed effective 2/17/2014. Defendants shall file a responsive pleading on or before 3/29/2014. Parties shall file a Joint Status Report with Court no later than 4/21/2014. (Marciel, M)

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Robert J. Tuerck, State Bar No. 255741
JACKSON & TUERCK
429 Main Street, Suite C
P.O. Box 148
Quincy, CA 95971
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Andrew L. Packard, State Bar Number 168690
LAW OFFICES OF ANDREW L. PACKARD
100 Petaluma Boulevard, Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a nonprofit
corporation

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Plaintiff,

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v.

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GUNTERT SALES & ZIMMERMAN,
et.al.

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Case No. 2:13−CV−02196−MCE−CKD
STIPULATION AND ORDER
REGARDING SERVICE AND DEADLINE
FOR FILING A RESPONSIVE PLEADING

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Defendants,

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The parties to the above-entitled action hereby stipulate that each of the named

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defendants, and their counsel, have received copies of the summons, the complaint, and the

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court’s October 21, 2013 Order Requiring Joint Status Report to in the above captioned matter,

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and seek to establish a date certain for Defendants to file a responsive pleading.

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STIPULATION REGARDING SERVICE AND DEADLINE FOR FILING A RESPONSIVE PLEADING

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The Complaint in this action was filed on October 21, 2013. Defendants have been

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aware of the Complaint since October 23, 2013, and a copy of the Complaint was sent by email

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to Defendants’ counsel on October 24, 2013. The parties acknowledge that Defendants have

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had actual notice of the lawsuit since October 23, 2013. Defendants further agree to waive

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service of summons in keeping with Fed. R. Civ. P. 4(d) and 12(a)(1)(A)(ii).

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The parties are actively engaged in settlement discussions, and have already participated
in an informal, settlement-protected site inspection. The parties are continuing to make progress
on their settlement discussions and desire additional time to focus their resources on resolving

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this case. As such, the parties stipulate that the undersigned counsel for Defendants will accept

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service for all defendants effective February 17, 2014, which is within the 120 day period

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prescribed by Fed. R. Civ. P. 4(m). The parties further stipulate that Defendants’ responsive

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pleading shall be ordered filed on or before March 29, 2014.
The parties respectfully request that the Court grant this stipulation and sign the order

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below reflecting the dates set forth herein.
SO STIPULATED.

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Respectfully Submitted,

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DATED: January 28, 2014

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JACKSON & TUERCK
/s/ Robert J. Tuerck
Robert J. Tuerck
Attorney for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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DATED: January 29, 2014

VERNON LAW OFFICE
/s/ __Cecelia Fusich_________
By: Cecelia C. Fusich
Attorney for Defendants
GUNTERT SALES & ZIMMERMAN,
GUNTERT STEEL, and
RONALD M. GUNTERT

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STIPULATION REGARDING SERVICE AND DEADLINE FOR FILING A RESPONSIVE PLEADING

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ORDER

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Based upon the foregoing Stipulation and good cause appearing therefore:
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Service on all Defendants shall be deemed effective February 17, 2014;

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Defendants shall file a responsive pleading on or before March 29, 2014; and

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The parties shall file a Joint Status Report with the court no later Monday, April

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21, 2014.
IT IS SO ORDERED.
Dated: February 4, 2014

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STIPULATION REGARDING SERVICE AND DEADLINE FOR FILING A RESPONSIVE PLEADING

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