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)

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Yates v. Original Buffalo Wings et al Doc. 7 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 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 2 1 2 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 3 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 9 10 11 By: /s/ ,2010 12 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: RT U O UNIT ED C OF D IS T IC T R STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT RN CV-IO-3582-EMC ard _________________ Judge Edw Edward M. Chen U.S. Magistrate Judge E A LI FO M. Che n R NIA IT IS SO ORDERED: OO IT IS S RDERE D NO RT H 3

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