Golden State Truck Sales, Inc. et al. v. Bay Trailer Sales, LLC et al.

Filing 45

ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2018 GRANTING Plaintiffs' request to extend the time to file dispositional papers and DISCHARGING the 32 Order to Show Cause. The new deadline to file dispositional papers is 2/9/2018. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 Jesse S. Atwal (SBN: 254252) ATWAL & COMPANY 2400 Del Paso Road, Suite 166 Sacramento, CA 95834 Telephone: (916) 359-5000 Email: jesse@atwalco.com Attorney for Plaintiffs, GOLDEN STATE TRUCK SALES, INC. and DHARMINDER SINGH Sean Gavin, (SBN: 251124) FOOS GAVIN LAW FIRM, P.C. 3947 Lennane Drive, Suite 120 Sacramento, California 95834 T: 916.779.3500 E: sean@foosgavinlaw.com 11 12 13 Attorney for Plaintiffs, GOLDEN STATE TRUCK SALES, INC. and DHARMINDER SINGH 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 GOLDEN STATE TRUCK SALES, INC., a California corporation; DHARMINDER SINGH, an individual, 19 Plaintiffs, 20 Case No.: 2:16-cv-00580 SECOND REQUEST TO EXTEND THE TIME FOR FILING DISPOSITIONAL PAPERS; ORDER v. 21 22 23 24 [F.R.C.P. 16 AND LOCAL RULE 160] BAY TRAILER SALES, LLC, a Virginia limited liability company; JONATHAN EMDE, an individual; and DOES 1-25, inclusive, Defendants. 25 26 27 28 Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al. Page 1 of 3 Second Request to Extend the Time for Filing Dispositional Papers [F.R.C.P. Rule 16 and Local Rule 160]; Order 1 Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 160, Plaintiffs Golden 2 State Truck Sales, Inc. and Dharminder Singh (collectively “Plaintiffs”), by and through their 3 counsel of record, hereby request that the time to file dispositional papers in this matter be 4 extended to February 9, 2018. The Parties entered into a final settlement agreement on September 5, 2017. Following 5 6 the entry of the terms on the record, Judge Brennan ordered that the dispositional papers be filed 7 no later than September 19, 2017. Plaintiffs prepared the necessary paperwork in time to meet that deadline. Since the 8 9 settlement conference, however, Defendants have declined to meaningfully participate in the 10 process. Specifically, they have failed to sign the stipulation for dismissal and other related 11 settlement paperwork, and have failed to honor the terms of the settlement agreement. As a 12 result, Plaintiffs have filed a Motion to Enforce the Settlement Agreement, which is scheduled 13 to be heard on February 1, 2018 at 10:00 a.m. before Magistrate Judge Newman in Courtroom 14 25. 15 Based on Defendants’ initial failure to sign the necessary documents, Plaintiffs 16 previously filed a similar Request to Extend the Time to File Dispositional Papers on September 17 19, 2017. See Docket #30. On October 17, 2017, Judge England issued an order requesting 18 that the Proposed Order on the Request to Extend the Time to File Dispositional Papers be 19 submitted in word format. See Docket # 31. By that time, it became clear that resubmitting the 20 original order would be insufficient. As a result, Plaintiffs’ counsel contacted Judge Brennan’s 21 courtroom deputy to determine which Judge should hear a Motion to Enforce the Settlement 22 Agreement. Thereafter, Plaintiffs (via counsel) notified Defendants (via counsel) of their 23 intention to file a Motion to Enforce the Settlement Agreement, and attempted to give 24 Defendants every opportunity to comply with the terms of the settlement agreement. 25 Nevertheless, Defendants have still failed to do so. 26 It has recently become clear not only that Defendants will not comply with the terms of 27 the settlement agreement, but it also appears that Defendants have ceased communicating with 28 their own counsel. Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al. Page 2 of 3 Second Request to Extend the Time for Filing Dispositional Papers [F.R.C.P. Rule 16 and Local Rule 160]; Order 1 Consequently, Plaintiffs seek an additional extension of time to file the dispositional 2 documents. Specifically, Plaintiffs seek an extension of time through February 9, 2018, which 3 will allow Judge Newman to rule on the Motion to Enforce the Settlement Agreement and 4 execute any Court order that become necessary thereto. 5 Respectfully submitted, 6 7 8 Date: December 28, 2017 FOOS GAVIN LAW FIRM, P.C. 9 10 By: __/s/ Sean Gavin____________________________ Sean Gavin (SBN: 251124), Attorney for Plaintiffs, GOLDEN STATE TRUCK SALES, INC. and DHARMINDER SINGH 11 12 13 14 ORDER 15 Good cause appearing, the Court hereby grants Plaintiffs’ request to extend the time to 16 17 18 file dispositional papers and discharges the Order to Show Cause issued December 18, 2017 (ECF No. 32). The new deadline to file dispositional papers is February 9, 2018. IT IS SO ORDERED. 19 20 Dated: January 4, 2018 21 22 23 24 25 26 27 28 Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al. Page 3 of 3 Second Request to Extend the Time for Filing Dispositional Papers [F.R.C.P. Rule 16 and Local Rule 160]; Order

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