Yates v. Original Buffalo Wings et al

Filing 7

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 5 Stipulation filed by Craig Yates. Signed by Judge Edward M. Chen on 11/30/10. (bpf, COURT STAFF) (Filed on 11/30/2010)

Yates v. Original Buffalo Wings et al

Doc. 7

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THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: [phone] Facsimile: 415/674-9900 Attorneys for Plaintiff CRAIG YATES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CRAIG YATES, an individual,

) ) Plaintiff, ) ) v. ) ) ORIGINAL BUFFALO WINGS; THE ) UNG CORPORATION, dba ORIGINAL ) BUFFALO WINGS; PATRICIA ) MONTAGUE, an individual; and ) PATRICIA MONTAGUE, as trustee of the ) PATRICIA MONTAGUE FAMILY ) TRUST of 2004, ) ) Defendants. ) ___________________________________ )

CV-10-3582-EMC STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT

Pursuant to Local Rule 6.1(a), Plaintiff CRAIG YATES, and Defendants ORIGINAL WINGS, CORPORATION (erroneously sued as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS); PATRICIA MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA MONTAGUE FAMILY TRUST of 2004, by and through their respective counsel, respectfully request and make the following stipulation: 1. 2. Whereas, defendants have been served with the summons and complaint; and Whereas, defendants have retained counsel and requested additional time to

respond to plaintiff's complaint; and ///
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT CV-10-3582-EMC

Dockets.Justia.com

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3.

Whereas, the parties are currently trying to negotiate a settlement in the above-

referenced case, and wish to reduce fees, costs and litigation expenses in so doing; and 4. Whereas, the parties conducted the General Order 56 joint site inspection at

ORIGINAL BUFFALO WINGS, located at/near 2499 Lombard Street, San Francisco, California on November11, 2010; and 5. Whereas, the parties believe it would be in the interests of efficiency and economy

to extend the deadline for defendants ORIGINAL WINGS, CORPORATION (erroneously sued as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS); PATRICIA MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA MONTAGUE FAMILY TRUST of 2004 to respond to the complaint, and to allow time to negotiate an agreement; and 6. Whereas, plaintiff has agreed to grant additional time for defendants ORIGINAL

WINGS, CORPORATION (erroneously sued as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS); PATRICIA MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA MONTAGUE FAMILY TRUST of 2004 to respond to the complaint; and 7. Whereas, defendants' counsel further stipulate that defendants will comply with

18 any and all due dates dictated by the Federal Rules of Civil Procedure, the Local Rules of Court, 19 and/or any scheduling order issued by this court prior to the date on which defendants' responsive 20 pleading is due. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT CV-10-3582-EMC

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IT IS STIPULATED: That the last day for defendants ORIGINAL WINGS, CORPORATION (erroneously sued

3 as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS); PATRICIA 4 MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA 5 MONTAGUE FAMILY TRUST of 2004, to answer or otherwise respond to plaintiff's complaint 6 shall be extended up to and including January 4, 2011. 7 8 Dated: November 15, 2010 9 10 11 12 13 Dated: November 15, 2010 14 15 16 17 18 19 20 Dated:____________, 2010 21 22 23 24 25 26 27 28
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT CV-10-3582-EMC

Respectfully submitted, THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION

By: __________/s/________________________ Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES, an individual BRENDA CRUZ-KEITH, LAW OFFICES OF BRENDA CRUZ-KEITH

By: __________/s/__________________________ Brenda Cruz-Keith Attorneys for Defendant ORIGINAL WINGS, CORPORATION (erroneously sued as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS) JEFFREY HARTSFIELD BELOTE, MORRIS POLICH & PURDY LLP

By: ____________________________________ Jeffrey Hartsfield Belote Attorneys for Defendants PATRICIA MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA MONTAGUE FAMILY TRUST of 2004

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1 IT is STIPULATED:
2 Thatthe last day for defendants ORIGINAL WINGS, CORPORATION (erroneously sued

3 as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS); PATRICIA

4 MONTAGUE, an individual; and PATRICIA MONTAGUE, as trustee of the PATRICIA

5 MONTAGUE FAMILY TRUST of2004, to answer or otherwise respond to plaintiffs complaint
6 shall be extended up to and including January 4,2011.

7
8 Dated: November 15,2010

Respectfully submitted,
THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION

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10
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By: /s/
,2010

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13 Dated:

Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES, an individual
BRENDA CRUZ-KEITH,

LAW OFFICES OF BRENDA CRUZ-KEITH

By:
Brenda Cruz-Keith

Attorneys for Defendant ORIGINAL WINGS, CORPORATION (erroneously sued as THE UNG CORPORATION, dba ORIGINAL BUFFALO WINGS)

JEFFREY HARTSFIELD BELOTE,

MORRS POLICH & PURDY LLP

S

S DISTRICT TE C TA
By:

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UNIT ED

C OF D IS T IC T R STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT
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CV-IO-3582-EMC

ard _________________ Judge Edw Edward M. Chen U.S. Magistrate Judge E

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IT IS SO ORDERED:

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