Amalgamated Transit Union Local 276 et al v. San Joaquin Regional Transit District et al

Filing 12

ORDER signed by District Judge Troy L. Nunley on 9/10/2018 ORDERING that the time for defendants to respond to the Complaint is EXTENDED to 9/21/2018. (Reader, L)

1
2
3
4
5
6

CHARLES S. PAINTER (SBN 89045)
REBECCA L. MENENDEZ (SBN 262487)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile
Attorneys for Defendants,
SAN JOAQUIN REGIONAL TRANSIT DISTRICT,
DONNA DEMARTINO AND BRAD MENIL

7
8

UNITED STATES DISTRICT COIRT
9

EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
18

AMALGAMATED TRANSIT UNION
LOCAL 276, AND ALAN WAGNER,

)
)
)
Plaintiffs,
)
)
vs.
)
)
SAN JOAQUIN REGIONAL TRANSIT
)
DISTRICT, DONNA DeMARTINI, AND
)
BRADMENIL in their individual and official )
capacities, ,
)
)
Defendants.
)
___________________________________ )

Case No.: 2:18-cv-01480-TLN-CKD
STIPULATION AND ORDER
EXTENDING
DEFENDANT, SAN JOAQUIN
REGIONAL TRANSIT DISTRICTS,
TIME TO RESPOND
TO COMPLAINT
[LOCAL RULE, 144]

19

WHEREAS, Defendant, SAN JOAQUIN REGIONAL TRANSIT DISTRICT, was

20

served with, among other things, the Summons and Complaint in this action on June 22, 2018.

21

WHEREAS, the United States District Court Eastern District of California, Local

22

Rules, Rule 144 allows the parties to stipulate to one 28-day extension of time for Defendants

23

to file responsive pleadings and an extension beyond 28 days requires court approval, which

24

the parties are seeking herein;

25

WHEREAS, defendants DONNA DEMARTINO AND BRAD MENIL have

26

authorized the ERICKSEN ARBUTHNOT law firm to accept service of the Summons,

27

Complaint and other necessary legal papers and the attorneys for those defendant have agreed

28
STIP TO EXTEND TIME
18-076/PLEADING.001
CSP:csp

- 1 -

1

that defendants DONNA DEMARTINO AND BRAD MENIL responsive pleadings are due

2

on Friday June 21, 2018.

3

WHEREAS, due to mistake, inadvertence and excuse neglect on the part of attorney

4

Charles S. Painter he technically violated the local by failing to comply with Local Rule 144

5

and takes this opportunity to apologies to the court and all other counsel.

6

WHEREAS, the parties are attempting in good faith to settle this matter, the parties

7

have agree and request the court to order Defendant, SAN JOAQUIN REGIONAL TRANSIT

8

DISTRIC additional time to file responsive pleadings to and including Friday September 21,

9

2018 which is the date the individual defendants responsive pleadings are now due.
COME NOW, Plaintiffs, AMALGAMATED TRANSIT UNION LOCAL 276, AND

10
11

ALAN WAGNER, by and through their attorneys of record, and Defendants,

12

JOAQUIN REGIONAL TRANSIT DISTRICT, DONNA DEMARTINO AND BRAD

13

MENIL’S by and through their attorneys of record, and stipulate that Defendants, SAN

14

JOAQUIN REGIONAL TRANSIT DISTRICT, DONNA DEMARTINO AND BRAD

15

MENIL’S responsive pleading will due on Friday September 21, 2018.

16
17

DATED: August 31, 2018
ERICKSEN ARBUTHNOT

18
19

By

/S/ Charles S. Painter

20

CHARLES S. PAINTER
Attorneys for Defendants

21
22

DATED: August 31, 2018
DESPRES, SCHWARTZ &
GEOGHEGAN, LTD.

23
24

/S/ Thomas H. Geoghegan
(As authorized on 8/31/18)

25

By
THOMAS H. GEOGHEGAN
Attorneys for Plaintiffs

26
27
28

///
STIP TO EXTEND TIME
18-076/PLEADING.001
CSP:csp

- 2 -

SAN

1

IT IS SO ORDERED:

2
3

Dated: September 10, 2018

4
5

Troy L. Nunley
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIP TO EXTEND TIME
18-076/PLEADING.001
CSP:csp

- 3 -