Munguia v Jack-In-The-Box, Inc.

Filing 6

STIPULATION and ORDER TO EXTEND TIME TO RESPOND TO THE COMPLAINT signed by District Judge Troy L. Nunley on 12/29/16. Defendant's time to answer or otherwise respond to the Complaint, including a motion to compel arbitration to be extended to 1/27/2017. (Mena-Sanchez, L)

1 James C. Ashworth, State Bar No. 151272
[e-mail]
2 THE ASHWORTH LAW OFFICE
1105 Kennedy Place, Suite 8
3 Davis, CA 95616
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff
MAIRA MANGUIA
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Dave Carothers, State Bar No. 125536
7 [e-mail]
Nancy N. Lubrano, State Bar No. 263037
8 [e-mail]
Joel Van Parys, State Bar No. 227387
9 [e-mail]
CAROTHERS DISANTE & FREUDENBERGER LLP
10 900 University Avenue
Suite 200
11 Sacramento, California 95825
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendant
JACK-IN-THE-BOX, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MAIRA MUNGUIA,
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Plaintiff,
vs.

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20 JACK-IN-THE-BOX, INC.,
Defendant.

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Case No. 2:16-cv-02648-TLN-DB
ORDER AND STIPULATION TO
EXTEND TIME TO RESPOND TO THE
COMPLAINT
Action Filed: November 6, 2016

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ORDER AND STIPULATION TO EXTEND TIME
TO RESPOND TO THE COMPLAINT

CAROTHERS DiSANTE &
FREUDENBERGER LLP

1160629.1

WHEREAS, on November 6, 2016 Plaintiff Maira Munguia (“Plaintiff”) filed a complaint

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2 against defendant Jack-In-The-Box (“Defendant”) entitled Maira Munguia v. Jack-In-The-Box,
3 Case No. 2:16-at-01367 (hereinafter the “Complaint”) (collectively, Plaintiff and Defendant
4 hereinafter shall be referred to as, the “Parties”);
WHEREAS, on December 9, 2016, Defendant was served with the Complaint via personal

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6 service;
WHEREAS, Defendant is appearing specially for the sole purpose of taking part in this

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8 Stipulation and request to the Court to extend the time for Defendant to answer or otherwise
9 respond to the Complaint;
WHEREAS, Defendant Jack-In-The-Box contends Plaintiff entered into a Dispute

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11 Resolution Agreement with Defendant wherein she agreed to arbitrate her alleged claims and
12 Defendant will request that Plaintiff stipulate to arbitrate her claims;
WHEREAS, Defendant has not waived its right to enforce arbitration by entering into this

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14 stipulation;
WHEREAS, the Parties to the above-captioned action have agreed, in order to discuss

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16 arbitration, that the responsive deadline shall be extended by 28 days from December 30, 2016.
17 Accordingly, Defendant shall have until January 27. 2017, to answer or otherwise respond to the
18 Complaint.
THEREFORE, in accordance with the Parties’ agreement and pursuant to Local Rule

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20 144(a), Plaintiff and Defendant respectfully request that this Honorable Court grant leave for
21 Defendant’s time to answer or otherwise respond to the Complaint, including a motion to compel
22 arbitration to be extended to January 27, 2017.
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24 Dated: December 29, 2016

THE ASHWORTH LAW OFFICE

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By: /s/ James C. Ashworth (as authorized on 12/29/16)
James C. Ashworth
Attorneys for Plaintiff
MAIRA MUNGUIA

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1160629.1

ORDER AND STIPULATION TO EXTEND TIME
TO RESPOND TO THE COMPLAINT

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Dated: December 29, 2016
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CAROTHERS DISANTE & FREUDENBERGER LLP
Dave Carothers

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By: /s/ Joel Van Parys
Joel Van Parys
Attorneys for Defendant
JACK-IN-THE-BOX, INC.

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IT IS SO ORDERED
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Dated: December 29, 2016

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Troy L. Nunley
United States District Judge

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1160629.1