Palla v. L M Sports, Inc. et al
Filing
115
STIPULATION and ORDER signed by District Judge John A. Mendez on 8/30/18, ORDERING that the date for Lt Leasing, Inc., LM Sports, Inc., Tamara Hassett and Robert Hassett to file their Reply in Support of Motion for Partial Summary Judgment and to Re spond in Opposition to Third Party Defendant Evan Botwin's Cross-motion for Summary Judgment is CONTINUED to 9/5/2018.The date for Third Party Defendant Evan Botwin to file his Reply in Support of Cross-Motion for Summary Judgment is CONTINUED to 9/12/2018. The hearing date remains as previously set for 9/18/2018 at 1:30 p.m. Briefs shall be filed no later than noon on 9/5/2018 and 9/12/2018. (Kastilahn, A)
FORREST BOOTH (SBN 74166)
fbooth@hinshawlaw.com
PAMELA L. SCHULTZ (SBN 269032)
pschultz@hinshawlaw.com
ALENA A. ECKHARDT (SBN 304611)
aeckhardt@hinshawlaw.com
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: 415-362-6000
Facsimile:
415-834-9070
Attorneys for LT LEASING, INC.; LM SPORTS, INC.;
TAMARA HASSETT; and ROBERT HASSETT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA — SACRAMENTO DIVISION
MANISHA PALLA,
Plaintiff,
vs.
L M SPORTS, INC.; LT LEASING, INC.;
PAUL GARCIA; and DOES 1-50, inclusive,
Defendants.
AND RELATED ACTIONS
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Case No. 2:16-CV-02865-JAM-EFB
(Related Case 2:17-cv-00041-JAM-EFB)
STIPULATION TO EXTEND
DEFENDANTS’ TIME TO FILE REPLY IN
SUPPORT OF MOTION FOR SUMMARY
JUDGMENT AND TO RESPOND IN
OPPOSITION TO CROSS-MOTION FOR
SUMMARY JUDGMENT AND
CORRESPONDING CHANGES TO
BRIEFING SCHEDULE; ORDER
THEREON (AS MODIFIED BY THE
COURT)
Hearing Date:
Time:
Judge:
Courtroom:
September 18, 2018
1:30 p.m.
Hon. John A. Mendez
6
Complaint Filed:
FAC Filed:
Trial Date:
December 5, 2016
August 8, 2018
TBD
Pursuant to Eastern District Local Rule 144, LT LEASING INC., LM SPORTS, INC.,
TAMARA HASSETT, ROBERT HASSETT, SEAN O’DEA, NICHOLAS CARSCADDEN and
EVAN BOTWIN hereby stipulate:
1
CERTIFICATE OF SERVICE
Case No. 2:16-CV-02865-JAM-EFB
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1. WHEREAS, Defendants LT LEASING INC., LM SPORTS, INC., TAMARA HASSETT
and ROBERT HASSETT (collectively “the RENTAL DEFENDANTS”) filed a Motion
for Partial Summary Judgment on Third Party Complaint against Third Party Defendants
EVAN BOTWIN, SEAN O’DEA, NICHOLAS CARSCADDEN and EFE OZYURT
(collectively “Third Party Defendants”) on June 11, 2018 [Dkt. 52];
2. WHEREAS, Third Party Defendant EVAN BOTWIN filed his Cross-Motion for
Summary Judgment against the RENTAL DEFENDANTS on August 21, 2018 [Dkt.
100];
3. WHEREAS, the date for the RENTAL DEFENDANTS to file their Reply in Support of
the Motion for Partial Summary Judgment on Third Party Complaint and to Respond in
Opposition to Third Party Defendant EVAN BOTWIN’s Cross-Motion for Summary
Judgment is September 4, 2018;
4. WHEREAS, the date for Third Party Defendant EVAN BOTWIN to file his Reply in
Support of Cross-Motion for Summary Judgment is September 11, 2018;
5. WHEREAS, the hearing date for these respective motions is set for September 18, 2018;
6. WHEREAS, undersigned counsel for the RENTAL DEFENDANTS has only been
recently substituted into this case last week, and prior counsel has left the practice of law,
counsel for RENTAL DEFENDANTS needs additional time to fully understand the facts
relevant to the motion [Dkt. 107];
7. WHEREAS, in view of the fact that undersigned counsel for the RENTAL
DEFENDANTS has not yet received all of the file and in view of the Labor Day holiday,
the parties stipulate and undersigned counsel requests that the Court permit an additional
day for the RENTAL DEFENDANTS to file their Reply in Support of the Motion for
Partial Summary Judgment on Third Party Complaint and to Respond in Opposition to
Third Party Defendant EVAN BOTWIN’s Cross-Motion for Summary Judgment, up to
and including September 5, 2018 (the current deadline is September 4, 2018).
In
exchange, provided the Court permits the additional day, the RENTAL DEFENDANTS
stipulate and request that EVAN BOTWIN be provided with an additional day to file his
2
CERTIFICATE OF SERVICE
Case No. 2:16-CV-02865-JAM-EFB
302439478v1 1012547
Reply in Support of Cross-Motion for Summary Judgment, up to and including
September 12, 2018 (the current deadline is September 11, 2018);
8. WHEREAS this is the first stipulation addressing a continuance of the date of briefing
relating to the RENTAL DEFENDANTS’ Reply in Support of the Motion for Partial
Summary Judgment on Third Party Complaint and for EVAN BOTWIN to file his Reply
In Response to the RENTAL DEFENDANTS’ Opposition, and this stipulation does not
seek a continuance of the current hearing date (September 18, 2018);
9. The parties hereto agree and stipulate to continue (1) the date for the RENTAL
DEFENDANTS to file their Reply in Support of the Motion for Partial Summary
Judgment on Third Party Complaint and to Respond in Opposition to Third Party
Defendant EVAN BOTWIN’s Cross-Motion for Summary Judgment to September 5,
2018; and (b) the date for Third Party Defendant EVAN BOTWIN to file his Reply In
Response to the RENTAL DEFENDANTS’ Opposition to September 12, 2018, with the
hearing date on the motions for summary judgment to remain as previously set by the
Court on September 18, 2018.
IT IS HEREBY STIPULATED AND AGREED, by and amongst counsel who have motions
scheduled to be heard on September 18, 2018 that the foregoing briefing dates shall be continued
and extended as set forth hereinabove.
DATED: August 29, 2018
HINSHAW & CULBERTSON LLP
By: /s/ Pamela L. Schultz
FORREST BOOTH
PAMELA L. SCHULTZ
ALENA A. ECKHARDT
Attorneys for LT LEASING, INC.; LM
SPORTS, INC.; TAMARA HASSETT; and
ROBERT HASSETT
DATED: August 29, 2018
WOOD SMITH HENNING & BERMAN
By: /s/ Edward D. Baldwin
EDWARD D. BALDWIN
Attorneys for Third Party Defendant
SEAN O’DEA
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CERTIFICATE OF SERVICE
Case No. 2:16-CV-02865-JAM-EFB
302439478v1 1012547
DATED: August 29, 2018
CLARK HILL, LLP
By: /s/ Karina Sanchez
KARINA SANCHEZ
Attorneys for Third Party Defendant
NICHOLAS CARSCADDEN
DATED: August 29, 2018
NAGELEY, KIRBY & WINBERRY, LLP
By: /s/ James R. Kirby, II
JAMES R. KIRBY, II
Attorneys for Third Party Defendant
EVAN BOTWIN
ORDER (AS MODIFIED BY THE COURT)
The Court has read and considered the submitted Stipulation to Extend Defendants’ Time to
File Reply in Support of Motion for Summary Judgment and to Respond in Opposition to CrossMotion for Summary Judgment and Corresponding Changes to Briefing Schedule and now
therefore, for good cause appearing, GRANTS the extensions requested therein and ORDERS that
the date for LT LEASING INC., LM SPORTS, INC., TAMARA HASSETT and ROBERT
HASSETT to file their Reply in Support of Motion for Partial Summary Judgment and to Respond in
Opposition to Third Party Defendant EVAN BOTWIN’s Cross-motion for Summary Judgment is
hereby continued from September 4, 2018, to September 5, 2018; and the date for Third Party
Defendant EVAN BOTWIN to file his Reply in Support of Cross-Motion for Summary Judgment is
hereby continued from September 11, 2018 to September 12, 2018. The hearing date is to remain
as previously set by the Court on September 18, 2018 at 1:30 p.m. Briefs shall be filed no later
than noon on the extended due date of September 5, 2018 and September 12, 2018.
IT IS HEREBY ORDERED
DATED: 8/30/2018
/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge
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CERTIFICATE OF SERVICE
Case No. 2:16-CV-02865-JAM-EFB
302439478v1 1012547
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