Sykes, et al. v. Shea, et al.

Filing 56

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2018 ORDERING that the deadline to submit the minor's compromise for approval by the Eastern District Court has been extended 30 days, making the new deadline, 4/16/2018. (Zignago, K.)

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BANAFSHEH, DANESH & JAVID, PC
SHAWN J. McCANN, ESQ. [SBN 227553]
[e-mail]
LAUREN E.S. HORWITZ, ESQ. [SBN 271858]
[e-mail]
NORMANDY KIDD, ESQ. [SBN 303921]
[e-mail]
9701 Wilshire Boulevard, 12th Floor
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs, TYESHINA SYKES and J.S.,
by and through her guardian ad litem JOHNNY NASH,

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9701 Wilshire Blvd., 12th Floor
Beverly Hills, California 90212
Phone: [phone] Facsimile: [phone]

BANAFSHEH, DANESH & JAVID, PC

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J. STEPHANIE KRMPOTIC, SBN 128671
LEEH A. DIBELLO, SBN 214349
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

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Attorneys for Defendants and Counter-Claimants, DONALD JAMES SHEA,
an individual and KUNKEL TRUCK LINES, INC., a South Dakota Corporation
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO DIVISION)
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TYESHINA SYKES, an individual; and
J.S., by and through her guardian ad litem
JOHNNY NASH, an individual,
Plaintiffs,

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vs.

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DONALD JAMES SHEA, an individual;
KUNKEL TRUCK LINES, INC., a South
Dakota Corporation; and DOES 1-30;

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Defendants.

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CASE NO.: 2:16-cv-02851-WBS-GGH
Hon. William B. Shubb

STIPULATION AND [PROPOSED]
ORDER TO ALLOW AN ADDITIONAL
30 DAYS TO FILE MINOR’S
COMPROMISE PAPERWORK

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STIPULATION AND [PROPOSED] ORDER TO ALLOW AN ADDITIONAL 30 DAYS TO FILE
MINOR’S COMPROMISE PAPERWORK
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Plaintiffs Tyeshina Sykes and J.S. (“Plaintiffs”), and Defendants Donald James Shea and Kunkle

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Truck Lines, Inc. (“Defendants”), by and through their respective counsel, hereby agree and

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stipulate as follows:
1.

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On January 16, 2018 the parties attended a settlement conference before

Magistrate Judge Carolyn K. Delaney. The parties reached a settlement, including a settlement

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with minor Plaintiff, J.S. The Court ordered that the parties are to submit minor’s compromise

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for approval within 60 days. [Docket No. 54]. Sixty days after this hearing falls on March 17,

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2018.

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9701 Wilshire Blvd., 12th Floor
Beverly Hills, California 90212
Phone: [phone] Facsimile: [phone]

BANAFSHEH, DANESH & JAVID, PC

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2.

Pursuant to the Eastern District Court Local Rules, Rule 202(b)(1), Plaintiffs

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reserved a hearing date with Department 22 of the Sacramento Superior Court for initial state

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court approval of the Minor’s Compromise as Plaintiff J.S.’ guardian ad litem, Johnny Nash,

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was appointed by the Sacramento Superior Court prior to Defendants’ removal of this action to

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the Eastern District Federal Court. [Docket No. 1].

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3.

Department 22 of the Sacramento Superior Court has advised Plaintiffs’ counsel

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that the Minor’s Compromise cannot be heard until March 23, 2018 at 9:00 a.m. Plaintiffs’

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counsel thereafter reserved this date. This date falls after the 60 day deadline to file the Minor’s

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Compromise for approval in the Eastern District Federal Court.

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4.

The parties request that the deadline to submit the Minor’s Compromise

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paperwork to the Eastern District Federal Court should be extended by 30 days, so as to allow

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time for the Sacramento Superior Court to approve the Minor’s Compromise before filing these

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documents with the Eastern District Court. The parties agree that the new deadline to file

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the Minor’s Compromise paperwork shall be April 16, 2018.

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_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO ALLOW AN ADDITIONAL 30 DAYS TO FILE
MINOR’S COMPROMISE PAPERWORK
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THEREFORE THE PARTIES AGREE AND STIPULATE to continue the deadline

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to submit the minor’s compromise for approval 30 days, making the new deadline, April 16,

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2018.

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The parties herein agree this stipulation may be signed in counterparts.

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DATED: March 13, 2018

BANAFSHEH, DANESH & JAVID, PC

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By

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9701 Wilshire Blvd., 12th Floor
Beverly Hills, California 90212
Phone: [phone] Facsimile: [phone]

BANAFSHEH, DANESH & JAVID, PC

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_________________________________
SHAWN J. McCANN
LAUREN E.S. HORWITZ
NORMANDY KIDD
Attorneys for Plaintiffs and Counter-Defendant
Tyeshina Sykes

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DATED: March 13, 2018

LOW, BALL & LYNCH

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By

___________________________
J. STEPHANIE KRMPOTIC
LEEH A. DIBELLO
Attorneys for Defendants
DONALD JAMES SHEA, an individual and
KUNKEL TRUCK LINES, INC., a South Dakota
Corporation

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_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO ALLOW AN ADDITIONAL 30 DAYS TO FILE
MINOR’S COMPROMISE PAPERWORK
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ORDER

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The Court having read the foregoing Stipulation and good cause appearing therefore, IT

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IS HEREBY ORDERED that the deadline to submit the minor’s compromise for approval by

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the Eastern District Court has been extended 30 days, making the new deadline, April 16, 2018.

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IT IS SO ORDERED.

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9701 Wilshire Blvd., 12th Floor
Beverly Hills, California 90212
Phone: [phone] Facsimile: [phone]

BANAFSHEH, DANESH & JAVID, PC

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Dated: March 14, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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_____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO ALLOW AN ADDITIONAL 30 DAYS TO FILE
MINOR’S COMPROMISE PAPERWORK
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