Coombs et al v. Munoz

Filing 11

ORDER GRANTING 8 Stipulation to Extend Deadline to Respond to Plaintiffs' Complaint. Signed by Judge Jeffrey S. White on March 6, 2009. (jswlc3, COURT STAFF) (Filed on 3/6/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FRANK R. UBHAUS, CA STATE BAR NO. 46085 CHRISTIAN E. PICONE, CA STATE BAR NO. 218275 BERLINER COHEN TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: [phone] FACSIMILE: [phone] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS RICHARD M. MUNOZ, AS EXECUTOR OF THE WILL OF ROGAN MAL COOMBS, DECEASED, AND RICHARD M. MUNOZ, AS AN INDIVIDUAL UNITED STATES DISTRICT COURT DISTRICT OF CALIFORNIA

MALCOLM COOMBS, JUDITH COOMBS JONES, and BARTON COOMBS, Plaintiffs, v. RICHARD M. MUNOZ, as executor of the will of Rogan Mal Coombs, decesased, and RICHARD M. MUNOZ, as an individual, Defendants.

CASE NO. CV-09-0192 EMC JSW STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT

WHEREAS, on January 15, 2009, plaintiffs Malcolm Coombs, Judith Coombs Jones, and Barton Coombs filed a complaint for (1) breach of oral contract, (2) breach of implied in fact contract, (3) intentional interference with contractual relations, and (4) breach of fiduciary duty ("Complaint"); WHEREAS, on February 9, 2009, plaintiffs effected service of process upon defendant Richard M. Munoz, both as executor of the will of Rogan Mal Coombs, deceased and as an individual; WHEREAS, counsel for plaintiffs and defendant have met and conferred to discuss the possibility of mediating this matter and related matters filed in the Superior Court of California;

CASE NO. CV-09-0192 EMC \HMUNOZ\786362.1 022609-17894001

-1-

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
\HMUNOZ\786362.1 022609-17894001

NOW, THEREFORE, subject to the Court's approval, plaintiffs and defendant hereby STIPULATE AND AGREE that: 1. Defendant who may otherwise be required to file any responsive pleading or

motion pursuant to Federal Rule of Civil Procedure 12(b) on or before March 2, 2009, shall be granted an extension to file any such responsive pleading or motion until the earlier of either (1) 30 days after the conclusion of mediation discussions or (2) June 30, 2009. 2. Nothing in this stipulation shall constitute a waiver or otherwise prejudice any of

the parties' substantive or procedural rights or defenses. DATED: MARCH 2, 2009 BERLINER COHEN BY: /S/ CHRISTIAN E. PICONE FRANK R. UBHAUS CHRISTIAN E. PICONE ATTORNEYS FOR DEFENDANTS RICHARD M. MUNOZ, AS EXECUTOR OF THE WILL OF ROGAN MAL COOMBS, DECEASED, AND RICHARD M. MUNOZ, AS AN INDIVIDUAL DATED: MARCH 2, 2009 BY: /S/ WILLIAM A. WINEBERG WILLIAM A. WINEBERG ATTORNEYS FOR PLAINTIFFS MALCOLM COOMBS, JUDITH COOMBS JONES AND BARTON COOMBS

/// /// /// /// /// /// /// /// ///
CASE NO. CV-09-0192 EMC

-2-

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CASE NO. CV-09-0192 EMC \HMUNOZ\786362.1 022609-17894001

[PROPOSED] ORDER Pursuant to the stipulation of the parties and for good cause, it is hereby ordered that: 1. Defendant who may otherwise be required to file any responsive pleading or

motion pursuant to Federal Rule of Civil Procedure 12(b) on or before March 2, 2009, shall be granted an extension to file any such responsive pleading or motion until the earlier of either (1) 30 days after the conclusion of mediation discussions or (2) June 30, 2009. 2. Nothing in this stipulation shall constitute a waiver or otherwise prejudice any of

the parties' substantive or procedural rights or defenses. DATED: March 6 , 2009 BY:

HONORABLE EDWARD M. CHEN

-3-

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO COMPLAINT