Heatherly et al v. Marisco's La Jaiba et al

Filing 6

ORDER Extending Time for Defendant Xu Truong, and Anh Hoang, Trustees of The Truong/Hoang Family Trust To Respond To Plaintiffs' Complaint And Extending Dates In Scheduling Order re 5 Stipulation filed by Xu Truong. Signed by Judge Maria-Elena James on 6/6/2011. (cdnS, COURT STAFF) (Filed on 6/6/2011)

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1 2 3 4 5 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 Plaintiffs DAREN HEATHERLY and IRMA RAMIREZ 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 DAREN HEATHERLY and IRMA RAMIREZ, 13 14 15 16 17 Case No.: CV 11-1069 MEJ Unlimited Civil Matter Plaintiffs, v. STIPULATION EXTENDING TIME FOR DEFENDANT XU TRUONG and ANH HOANG, TRUSTEES OF THE TRUONG/HOANG FAMILY TRUST TO RESPOND TO PLAINTIFFS' COMPLAINT AND EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON MARISCO'S LA JAIBA; XU TRUONG and AHN HOANG, TRUSTEES OF THE TRUONG/HOANG FAMILY TRUST, U.D.T. dated March 18, 1997; and MIGUEL PELAYO MONTIEL, an individual dba MARISCO'S LA JAIBA, 18 Defendants. 19 20 Plaintiffs DARREN HEATHERLY AND IRMA RAMIREZ (hereinafter "Plaintiffs") and 21 Defendants MARISCO'S LA JAIBA (hereinafter "Marisco's"); XU TRUONG and ANH HOANG 22 (erroneously sued herein as AHN HOANG), TRUSTEES OF THE TRUONG/HOANG FAMILY 23 TRUST, U.D.T. dated March 18, 1997 (hereinafter "Truong"); and MIGUEL PELAYO MONTIEL, 24 an individual dba MARISCO'S LA JAIBA (hereinafter "Montiel"), by and through their respective 25 counsel, respectfully request to make the following stipulation: 26 1. WHEREAS, all Defendants have been served with the Summons and Complaint; and 27 2. WHEREAS, Defendants Marisco's and Montiel have filed an Answer to the 28 Complaint; and 1 STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ 1 2 3 4 5 6 7 8 9 3. WHEREAS, Defendant Truong was given an initial extension of time to respond to the Complaint up to and including June 7, 2011; and 4. WHEREAS, Defendant Truong has requested additional time to respond to the Complaint and Defendants have requested to extend the dates in the Scheduling Order; and 5. WHEREAS, Counsel for Defendant Truong has had a recent death in her family which will require her time and attention; and 6. WHEREAS, Counsel for Defendants Marisco's and Montiel is caring for his wife who recently sustained a significant injury from a fall and underwent surgery; and 7. WHEREAS, pursuant to the Scheduling Order, General Order 56 and F.R.C.P. Rule 10 26, the parties are to complete initial disclosures by June 8, 2011 and hold a joint inspection of the 11 premises by June 15, 2011; and 12 8. WHEREAS, the parties have agreed to extend for 30 days the time for Defendant 13 Truong to respond to the Complaint and the dates to complete initial disclosures and to hold a joint 14 inspection at the premises; and 15 16 17 18 19 9. WHEREAS, the parties agree that Defendant Truong will have up to and including July 7, 2011 to respond to the Complaint; and 10. WHEREAS, the parties agree to complete initial disclosures by July 8, 2011 and hold a joint inspection of the premises by July 15, 2011; and 11. WHEREAS, the parties agree that the dates in the Scheduling Order for the parties to 20 meet an confer in person to discuss settlement, and for Plaintiff to file "Notice of Need for 21 Mediation" will be calculated based on the new date of July 15, 2011 for the joint inspection of the 22 premises. Accordingly, the parties agree the last day to meet and confer in person to discuss 23 settlement is July 25, 2011 and the last day for Plaintiffs to file "Notice of Need for Mediation" is 24 August 29, 2011; and 25 26 12. WHEREAS, the parties are actively attempting to negotiate a settlement in the above- referenced case, and wish to reduce fees, costs and litigation expenses in doing so; and 27 28 2 STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ 1 13. WHEREAS, the parties believe it would be in the interests of efficiency and economy 2 to extend the time for Defendant Truong to respond to Plaintiffs' Complaint and to extend the dates in 3 the Scheduling Order; and to allow time to negotiate an agreement; and 4 14. WHEREAS, Plaintiffs have agreed to grant additional time for Defendant Truong to 5 respond to Plaintiffs' Complaint and the parties have agreed to extend the dates in the Scheduling 6 Order issued by the Court. 7 IT IS STIPULATED that: 8 1. 9 Complaint; and 10 2. 11 Defendant Truong will have up to and including July 7, 2011 to respond to the The parties will complete initial disclosures by July 8, 2011 and hold a joint inspection of the premises by July 15, 2011; and 12 3. The last day for the parties to meet and confer in person to discuss settlement is 13 July 25, 2011, and the last day for Plaintiffs to file "Notice of Need for Mediation" is August 29, 14 2011. 17 THOMAS E. FRANKOVICH, A Professional Law Corporation Attorneys for Plaintiffs DAREN HEATHERLY and IRMA RAMIREZ 18 By: 15 DATED: June 3, 2011 16 19 DATED: June 3, 2011 20 21 /s/ Thomas E. Frankovich Thomas E. Frankovich AARON & WILSON, LLP Attorneys for Defendants MARISCO'S LA JAIBA; MIGUEL PELAYO MONTIEL, an individual dba MARISCO'S LA JAIBA 22 By: 23 24 25 26 27 DATED: June 3, 2011 /s/ Robert S. Aaron Robert S. Aaron HATCHER & RUNDEL Attorneys for Defendants MARISCO'S LA JAIBA; MIGUEL PELAYO MONTIEL, an individual dba MARISCO'S LA JAIBA By: 28 /s/ William W. Hatcher, Jr. William W. Hatcher, Jr. 3 STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ 1 4 SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendants XU TRUONG and ANH HOANG, Trustees of the TRUONG/HOANG FAMILY TRUST, U.D.T. dated March 18, 1997 (erroneously sued herein as AHN HOANG) 5 By: 2 DATED: June 3, 2011 3 6 /s/ Mary P. Derner Mary P. Derner 7 ORDER 8 9 10 11 12 13 IT IS SO ORDERED that Defendant Truong will have up to and including July 7, 2011 to respond to the Complaint. IT IS FURTHER ORDERED that the parties will complete initial disclosures by July 8, 2011 and hold a joint inspection of the premises by July 15, 2011. IT IS FURTHER ORDERED that the last day for the parties to meet and confer in person to 14 discuss settlement is July 25, 2011, and the last day for Plaintiffs to file "Notice of Need for 15 Mediation" is August 29, 2011. 16 June 6 Dated: ________________, 2011 _______________________________________ THE HONORABLE MARIA-ELENA JAMES United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 4 STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ

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