Yates v. Mangosteen et al

Filing 6

STIPULATION AND ORDER RE 5 FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 5/24/11. (cl, COURT STAFF) (Filed on 5/25/2011)

*E-Filed 5/25/11*

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Renée Welze Livingston (SBN 124280)
Jason G. Gong (SBN 181298)
LIVINGSTON LAW FIRM
A Professional Corporation
1600 South Main Street, Suite 280
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
PHILIP TRI NGUYEN, individually
and dba MANGOSTEEN

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CRAIG YATES, an individual,

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Plaintiff,

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vs.
MANGOSTEEN; CITI PROPERTIES DE
LLC, a Delaware Limited Liability
Company; and PHILIP TRI NGUYEN, an
individual dba MANGOSTEEN,

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Defendants.
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Case No. 3:10-CV-03747-RS
STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT

Complaint Filed: August 23, 2010
Trial Date: None

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Plaintiff CRAIG YATES (“plaintiff”), an individual, and defendant Philip Tri Nguyen, an

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individual dba MANGOSTEEN (“defendant”), by and through their respective counsel of

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record, hereby request and make the following stipulation:

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1. Whereas, plaintiff, having not received a responsive pleading from defendant CITI

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PROPERTIES DE LLC, a Delaware limited liability company (“CITI PROPERTIES”), and

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having not received any communication in response to inquiries made by plaintiff’s counsel to

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counsel for defendant CITI PROPERTIES concerning defendant’s answer;

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2. Whereas, plaintiff subsequently investigated and discovered that the ownership

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interest once held by defendant CITI PROPERTIES in 601 Larkin Street, San Francisco, CA

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94109 (the property where the Mangosteen Restaurant is located) had been judicially foreclosed
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Yates v. Mangosteen, et al., Case No. 3:10-CV-03747-RS
Stipulation and [Proposed] Order for Leave to File First Amended Complaint
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by the San Francisco Superior Court in the matter of WBCMT 2007-C31 Buchanan Street, Ltd. v.

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Ritz Apartments DE, LLC, et al., (S.F. Superior Court Case No. CGC-09-488876) in favor of

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plaintiff WBCMT 2007-C31 Buchanan Street, Ltd.;

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3. Whereas, the judicial foreclosure proceeding transferred title and ownership interest

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in the property located at 601 Larkin Street from defendant CITI PROPERTIES to WBCMT

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2007-C31 Buchanan Street, Ltd.;

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4. Whereas, plaintiff seeks to prosecute his action against the owner of the Mangosteen
Restaurant and the owner of the property located at 601 Larkin Street;
5. Whereas, defendant Philip Tri Nguyen, an individual dba MANGOSTEEN,
previously filed an answer to plaintiff’s complaint on November 15, 2010;

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IT IS SO STIPULATED:

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That plaintiff may file a First Amended Complaint to name WBCMT 2007-C31

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Buchanan Street, Ltd. as a defendant and that the answer previously filed by defendant Philip Tri

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Nguyen, an individual dba MANGOSTEEN, on November 15, 2010 may serve as defendant’s

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answer to the First Amended Complaint.

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Respectfully submitted,
Dated: May 20, 2011

THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovich

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By: _____________________________________
Thomas E. Frankovich
Attorneys for Plaintiff CRAIG YATES, an
individual

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Dated: May 20, 2011

LIVINGSTON LAW FIRM

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/s/ Jason G. Gong
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By: _____________________________________
Jason G. Gong
Attorneys for Defendant Philip Tri Nguyen,
an individual dba MANGOSTEEN
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Yates v. Mangosteen, et al., Case No. 3:10-CV-03747-RS
Stipulation and [Proposed] Order for Leave to File First Amended Complaint
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ORDER
IT IS HEREBY ORDERED that plaintiff CRAIG YATES, an individual, may file a

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First Amended Complaint in this matter and that the answer previously filed by defendant Philip

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Tri Nguyen, an individual dba MANGOSTEEN, on November 15, 2010 may serve as

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defendant’s answer to the First Amended Complaint.

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DATED: May _____, 2011

_____________________________________
Honorable Richard Seeborg
UNITED STATES DISTRICT JUDGE

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Yates v. Mangosteen, et al., Case No. 3:10-CV-03747-RS
Stipulation and [Proposed] Order for Leave to File First Amended Complaint
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