Estep, et al. v. Yung, et al.

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/2/14: The deadline to submit a joint status report is extended to January 13, 2015.(Kaminski, H)

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HAYNES AND BOONE, LLP
William C. O’Neill / Bar No. 251071
[e-mail]
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
YUEN YUNG and HDYR, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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DAVID ESTEP and DEANNA
ESTEP,
Plaintiffs,

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vs.
YUEN YUNG, an individual;
HDYR, LLC, doing business as
HDYR; MEKADDISHKEM-EBE,
a California corporation; and DOES
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Defendants.

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CASE NO. 2:14-cv-02418-MCE-AC
Judge Morrison C. England, Jr.
Courtroom 7
STIPULATION TO EXTEND TIME
TO FILE JOINT STATUS REPORT;
ORDER THEREON

Complaint Filed: June 20, 2014

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STIPULATION

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WHEREAS, on or about June 20, 2014, Plaintiffs commenced an action in

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the Superior Court of the State of California, County of Solano, entitled David

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Estep, et al. v. Yuen Yung, et al., bearing Case No. FCS 043717 (the “Complaint”);

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WHEREAS, Defendants Yuen Yung and HDYR, LLC removed the
Complaint from the Superior Court to this Court on October 15, 2014;
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STIPULATION TO EXTEND TIME TO FILE JOINT STATUS REPORT;
ORDER THEREON

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WHEREAS, this Court issued an Order Requiring Joint Status Report (Doc.

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2) requiring: “Within sixty (60) days of service of the complaint on any party, or

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from the date of removal, the parties shall confer as required by Fed. R. Civ. P.

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26(f) and shall prepare and submit to the Court a joint status report that includes

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the Rule 26(f) discovery plan.”;

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WHEREAS, 60 days after October 15, 2014 is December 14, 2014;

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WHEREAS, Defendants Yung and HDYR, LLC filed a Motion to Transfer,

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or, Alternatively, Dismiss, Plaintiffs’ Complaint (“Motion to Transfer”) on

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October 21, 2014 (Doc. 4);
WHEREAS, the hearing for the Motion to Transfer was set for December 4,

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2014;
WHEREAS, the Court has moved the hearing for the Motion to Transfer
from December 4, 2014 to December 18, 2014 (Doc. 9);

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WHEREAS, it is the mutual intention of the parties to engage in a Rule 26(f)

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conference, but request that the conference be held after the Court rules on the

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Motion to Transfer because (1) waiting will ensure compliance with any Local

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Rules in the event that the case is transferred and (2) the Rule 26(f) conference

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would be addressed differently if Yung is dismissed;

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IT IS HEREBY STIPULATED BETWEEN THE PARTIES, by and

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through counsel, to request that this Court extend the deadline to submit a joint

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status report from 60 days to 90 days, thereby requiring a joint status report on or

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before January 13, 2015.

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[SIGNATURES FOLLOW.]
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STIPULATION TO EXTEND TIME TO FILE JOINT STATUS REPORT; PROPOSED
ORDER THEREON

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DATED: December 1, 2014

LAW OFFICES OF VINCENT MARTIN
SPOHN, A.P.C.

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By:

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/s/ Vincent M. Spohn
Vincent M. Spohn
Attorneys for Plaintiffs
DAVID ESTEP and DEANNA ESTEP

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DATED: December 1, 2014

HAYNES AND BOONE, LLP

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By:

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/s/ William C. O’Neill
William C. O’Neill
Attorneys for Defendants
YUEN YUNG and HDYR, LLC

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IT IS SO ORDERED.
Dated: December 2, 2014

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STIPULATION TO EXTEND TIME TO FILE JOINT STATUS REPORT; PROPOSED
ORDER THEREON