Driver v. Pape Kenworth et al

Filing 36

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/18/19 GRANTING counsel for Jomar Investments, Inc. an extension of time until 10/10/19 to file is Initial Disclosure under Federal Rule of Civil Procedure Rule 26.(Becknal, R)

1 Carla N. Braunstein (State Bar No. 251198)
[e-mail]
2 Anthony D. Risucci (State Bar No. 316587)
[e-mail]
3 WOOD, SMITH, HENNING & BERMAN LLP
1401 Willow Pass Road, Suite 700
4 Concord, California 94520-7982
Phone: [phone] ♦ Fax: [phone]
5
Attorneys for Third Party Defendant JOMAR INVESTMENTS, INC. dba NEW LIFE
6 TRANSPORT PARTS CENTER
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8
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

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12 ROGER DRIVER,

Case No. 2:17-CV-01968-KJN

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JOINT STIPULATION TO EXTEND
TIME FOR THIRD PARTY DEFENDANT
JOMAR INVESTMENTS, INC. TO FILE
INITIAL DISCLOSURES UNDER FRCP
RULE 26

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Plaintiff,
v.

15 PAPÉ KENWORTH; THE PAPÉ GROUP,
INC.; PAPÉ TRUCKS, INC.; PAPÉ TRUCK
16 LEASING, INC.; PAPÉ PROPERTIES, INC.;
PAPÉ MATERIAL HANDLING., INC.;
17 PAPÉ MACHINERY HANDLING, INC.;
ENGINEERED PRODUCTS, A PAPÉ
18 COMPANY; PAPÉ D.W., INC.; and DOES 1100,
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Defendants.
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The Hon. Kendall J. Newman
Trial Date:

Previously, 1/17/20

21 PAPÉ TRUCKS, INC.,
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Third Party Plaintiff,
v.

24 JOMAR INVESTMENTS, INC. dba NEW
LIFE TRANSPORT PARTS CENTER, and
25 ROES 1-10, Inclusive,
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Third Party Defendants.

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LEGAL:05488-0833/12717521.1

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JOINT STIPULATION TO EXTEND TIME FOR THIRD PARTY DEFENDANT JOMAR INVESTMENTS, INC.
TO FILE INITIAL DISCLOSURES UNDER FRCP RULE 26

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WHEREAS the complaint was filed on September 21, 2017.

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WHEREAS Defendant PAPÉ TRUCKS, INC. filed a Third Party Complaint against Jomar

3 Investments, Inc. dba New Life Transport Parts Center on June 27, 2019.
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WHEREAS the Third Party Complaint was served on July 19, 2019 on Jomar Investments,

5 Inc.
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WHEREAS counsel for Jomar Investments, Inc. has requested an extension of time to file

7 and serve its Initial Disclosure under Federal Rule of Civil Procedure Rule 26, the deadline for
8 which is typically 30 days after being served or joined to an action unless a different time is set by
9 stipulation or court order. Fed. R. Civ. P. 26 (D).
WHEREAS Local Rule 144 (a) states: Unless the filing date has been set by order of the

11 Court, an initial stipulation extending time for no more than twenty-eight (28) days to respond to a
Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10

12 complaint, cross-claim or counterclaim, or to respond to interrogatories, requests for admissions,
13 or requests for production of documents may be filed without approval of the Court if the
14 stipulation is signed on behalf of all parties who have appeared in the action and are affected by
15 the stipulation. All other extensions of time must be approved by the Court. No open extensions
16 of time by stipulation of the parties will be recognized.
17

The parties do hereby agree and stipulate between and amongst themselves, through their

18 respective counsel that counsel for Jomar Investments, Inc. may have an extension of time until
19 October 10, 2019 to file is Initial Disclosure under Federal Rule of Civil Procedure Rule 26.
20
21 DATED: September 16, 2019

CUTTER LAW, P.C.

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By:

/s/ Celine Cutter
C. BROOKS CUTTER
CELINE E. CUTTER
Attorneys for Plaintiff, ROGER DRIVER

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LEGAL:05488-0833/12717521.1

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JOINT STIPULATION TO EXTEND TIME FOR THIRD PARTY DEFENDANT JOMAR INVESTMENTS, INC.
TO FILE INITIAL DISCLOSURES UNDER FRCP RULE 26

1 DATED: September ___, 2019

ERICKSEN ARBUTHNOT

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By:
CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendant/Third Party Plaintiff, PAPÉ
TRUCKS, INC.

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DATED: September 16, 2019

WOOD, SMITH, HENNING & BERMAN LLP

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By:

/s/ Anthony D. Risucci
CARLA N. BRAUNSTEIN
ANTHONY D. RISUCCI
Attorneys for Third Party Defendant JOMAR
INVESTMENTS, INC. dba NEW LIFE TRANSPORT
PARTS CENTER

11
Attorneys at Law
1401 WILLOW PASS ROAD, SUITE 700
CONCORD, CALIFORNIA 94520-7982
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

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16 IT IS SO ORDERED:
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Dated: September 18, 2019

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LEGAL:05488-0833/12717521.1

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JOINT STIPULATION TO EXTEND TIME FOR THIRD PARTY DEFENDANT JOMAR INVESTMENTS, INC.
TO FILE INITIAL DISCLOSURES UNDER FRCP RULE 26