Myrtle Street Flats LLC, v. City of Vallejo et al

Filing 27

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/13/17, ORDERING that Defendant Emergency Construction Services, Inc.'s answer to Plaintiff's Complaint is due on 12/14/17 or 21 days after the filing of an amended complaint. (Kastilahn, A)

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Michael E. Cardoza, Esq. (SBN 52264)
Jacqueline C. Murphy, Esq. (SBN 187732)
THE CARDOZA LAW OFFICES, INC.
1407 Oakland Blvd., Suite 200
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
Emergency Construction Services, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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)
)
)
Plaintiff,
)
)
vs.
)
CITY OF VALLEJO, a public entity; VINCENT )
SPROETE, an individual; JACK McARTHUR, )
an individual; DANILE E. KEEN, an individual; )
)
LONELL BUTLER, an individual; ROBERT
)
CHAMBERS, an individual; MICHELLE
HIGHTOWER, an individual; EMERGENCY )
)
CONSTRUCTION SERVICES, INC., a
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California Corporation; and DOES 1-25,
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)
Defendants.
_______________________________________ )
MYRTLE STREET FLATS, LLC,

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Case No. 2:17-CV-01662-JAM-KJN
STIPULATION AND ORDER TO EXTEND
TIME FOR DEFENDANT EMERGENCY
CONSTRUCTION SERVICES, INC. TO
FILE AN ANSWER TO PLAINTIFF’S
COMPLAINT

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Pursuant to Civil L.R. 144(a), Plaintiff Myrtle Street Flats, LLC (“Plaintiff”) and

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Defendant Emergency Construction Services, Inc., (“Defendant”) by and through their

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attorneys of record, respectfully request that the Court give effect to this stipulation related to

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extending the time for Defendant to file an Answer to Plaintiff’s Complaint. The parties,

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through counsel, hereby stipulate as follows:

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1.

Plaintiff filed its Complaint on August 10, 2017.

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Stipulation to Extend Time

Page 1 of 3

2:17-CV-01662-JAM-KJN

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2.

The original deadline for Defendant to file a response to the Complaint was

September 12, 2017.
3.

After meeting and conferring, Defendant agreed to extend the deadline to

October 12, 2017 for Defendant to file a response to the Complaint.
4.

On October 16, 2017, the Court granted Plaintiff and Defendant’s stipulation to

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extend the deadline for Defendant to file an answer to the complaint to November 14, 2017 or

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twenty-one (21) days after the filing of an amended complaint.

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5.

At this time, Plaintiff does not know whether it will be filing an amended

complaint as the Court has not issued an Order on Defendant City of Vallejo’s Motion to

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Dismiss.

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6.

Plaintiff and Defendants have met and conferred again regarding Defendant’s

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deadline to file an answer to Plaintiff’s Complaint. Due to the uncertainty of whether Plaintiff

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will be filing an amended complaint, the parties agreed to extend the deadline for Defendant

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to file an answer to Plaintiff’s Complaint until after the Court issues an Order on Defendant

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City of Vallejo’s Motion to Dismiss.

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7.

If the Court grants the request to extend the deadline, Defendant’s answer

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would be due on December 14, 2017 or twenty-one (21) days after the filing of an amended

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complaint.

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Dated: November 13, 2017

KERR & WAGSTAFFE LLP

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By:___/s/______________________
Frank Busch, Esq.
Attorney for Plaintiff
Email: [e-mail]

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Dated: November 13, 2017

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THE CARDOZA LAW OFFICES, INC.

By:___/s/______________________
Jacqueline C. Murphy, Esq.
Attorney for Defendant
Emergency Construction Services, Inc.
Email: [e-mail]

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Stipulation to Extend Time

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2:17-CV-01662-JAM-KJN

ORDER

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PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWING, IT IS SO

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ORDERED that Defendant Emergency Construction Services, Inc.’s answer to Plaintiff’s

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Complaint is due on December 14, 2017 or twenty-one (21) days after the filing of an

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amended complaint.

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Dated: November 13, 2017

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/s/ JOHN A. MENDEZ
Hon. John A. Mendez
U.S. District Court
Eastern District of California

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Stipulation to Extend Time

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2:17-CV-01662-JAM-KJN