Hennessey v. Sierra Nevada Journeys

Filing 9

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/17/2017 ORDERING The parties' request is GRANTED, and the time for Defendant to file a responsive pleading to Plaintiff's initial complaint is hereby EXTENDED to 11/22/2017. (Washington, S)

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DOWNEY BRAND LLP
CASSANDRA M. FERRANNINI (Bar No. 204277)
KATIE KONZ (Bar No. 271436)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone:
916.444.1000
Facsimile:
916.444.2100
[e-mail]
[e-mail]
Attorneys for Defendant
SIERRA NEVADA JOURNEYS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIAMBRA HENNESSEY,

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DOWNEY BRAND LLP

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Plaintiff,

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v.
SIERRA NEVADA JOURNEYS, A
NEVADA CORPORATION, AND DOES
1 THROUGH 100, INCLUSIVE,

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Case No. 2:17-CV-02321-JAM-DB
SECOND STIPULATION TO EXTEND
DEFENDANT’S TIME TO FILE
RESPONSIVE PLEADING
Complaint Removed:

November 6, 2017

Defendants.

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Plaintiff TIAMBRA HENNESSEY (“Plaintiff”) and Defendant SIERRA NEVADA
JOURNEYS (“Defendant”), by and through their respective counsel, hereby stipulate:

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Whereas, Defendant filed a Notice of Removal in the above-captioned action on
November 6, 2017, removing Plaintiff’s initial complaint to this Court;

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Whereas, at the time of removal, Defendant had not filed a responsive pleading to
Plaintiff’s complaint;

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Whereas, the initial deadline to file a responsive pleading was November 13, 2017, and
Defendant contemplated filing a motion to dismiss and/or motion to strike the initial complaint;

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Whereas, pursuant to the Order Re Filing Requirements for Cases Assigned to Judge

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Mendez, the parties are required to discuss the substance of any contemplated motion and any

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potential resolution;
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1501557.2

SECOND STIPULATION TO EXTEND DEFENDANT’S TIME TO FILE RESPONSIVE PLEADING

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Whereas, because Defendant and Plaintiff needed additional time to meet and confer, the

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parties filed a Stipulation to Extend Deadline to File Responsive Pleading Pursuant to Local Rule

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144(a) on November 6, 2017, whereby the parties stipulated to extend the deadline for Defendant

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to file a responsive pleading to November 17, 2017;

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Whereas, on November 14, 2017, counsel for the parties discussed the substance of
Defendant’s contemplated motion to dismiss and/or strike via telephone;

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Whereas, thereafter on November 16, 2017, counsel for the parties agreed that Plaintiff

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will dismiss the ninth and eleventh claims in her complaint, and in exchange, Defendant will not

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file a motion to dismiss and/or motion to strike the complaint;

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Whereas, the current deadline for Defendant to file a responsive pleading is November 17,
2017, and in light of the parties’ agreement, the parties agree that additional time is necessary for

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DOWNEY BRAND LLP

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Defendant to file an answer to the complaint with the ninth and eleventh claims dismissed;

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THE PARTIES HEREBY STIPULATE that Defendant may have until November 22,
2017, to file a responsive pleading in the above-captioned action.

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DATED: November 17, 2017

DOWNEY BRAND LLP

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By:

/s/ Cassandra M. Ferrannini
CASSANDRA M. FERRANNINI
Attorney for Defendant
SIERRA NEVADA JOURNEYS

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DATED: November 17, 2017

OTKUPMAN LAW FIRM

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By: /s/ Roman Otkupman (as authorized on 11/17/17)
ROMAN OTKUPMAN
Attorney for Plaintiff
TIAMBRA HENNESSEY

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1501557.2

SECOND STIPULATION TO EXTEND DEFENDANT’S TIME TO FILE RESPONSIVE PLEADING

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ORDER

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The Court, having reviewed the attached Stipulation of the parties, and for good cause
shown, HEREBY ORDERS THAT:

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1.

The parties’ request is GRANTED, and the time for Defendant to file a responsive

pleading to Plaintiff’s initial complaint is hereby extended to November 22, 2017.

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IT IS SO ORDERED.

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DATED: 11/17/2017_______

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________

DOWNEY BRAND LLP

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/s/ JOHN A. MENDEZ
United States District Court Judge

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1501557.2

SECOND STIPULATION TO EXTEND DEFENDANT’S TIME TO FILE RESPONSIVE PLEADING