Yates v. Home Plate Cafe et al

Filing 15

STIPULATION AND ORDER Continuing Deadline for the Parties to Conduct the Joint Site Inspection. Signed by Judge Edward M. Chen on 10/19/2011. (tmi, COURT STAFF) (Filed on 10/20/2011)

1

4

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

5

Attorneys for Plaintiff CRAIG YATES

2
3

6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
)
)
)
Plaintiff,
)
)
v.
)
)
)
HOME PLATE CAFÉ; NICHOLAS W.
JOHNSON and TERRI PIPER-JOHNSON, )
)
CO-TRUSTEES of the NICK JOHNSON )
)
and TERRI PIPER-JOHNSON, 2005
)
TRUST, UAD OCTOBER 17, 2005;
)
REBECCA FISHER STORY and
)
WALLACE L. AMUNDSON, TRUSTEES )
)
of the REBECCA C. FISHER TRUST dated )
)
OCTOBER 17, 2005; MATTHEW
)
HOWELL; JAMES AGAPOFF JR.; MARY )
PEGEEN CARDOZA, an individual dba
)
HOME PLATE CAFÉ and OLIVER DYER- )
)
BENNETT,
)
)
)
Defendants.
)
___________________________________ )
CRAIG YATES, an individual,
9
10
11
12
13
14
15
16
17
18
19
20
21
22

CASE NO. CV-11-1371-EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE FOR
THE PARTIES TO CONDUCT THE JOINT
SITE INSPECTION

23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER CONTINUING THE DEADLINE FOR THE JOINT SITE INSPECTION

1

1

Plaintiff CRAIG YATES, an individual and Defendants NICHOLAS W. JOHNSON and

2

TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK JOHNSON and TERRI PIPER-

3

JOHNSON, 2005 TRUST, UAD OCTOBER 17, 2005; REBECCA FISHER STORY and

4

WALLACE L. AMUNDSON, TRUSTEES of the REBECCA C. FISHER TRUST dated

5

OCTOBER 17, 2005; MARY PEGEEN CARDOZA, an individual dba HOME PLATE CAFÉ;

6

and OLIVER DYER-BENNETT, by and through the parties respective counsel in the above-

7

mentioned case respectfully request and hereby make the following stipulation:
1.

8
9

WHEREAS, plaintiff CRAIG YATES attempted and requested the General

Order 56 joint site inspection as ordered by the court to be conducted on October 5, 2011; and
2.

10

WHEREAS, prior to the reassignment of this case, plaintiff’s counsel Thomas E.

11

Frankovich committed to moving a portion of his office and his primary residence to Mazatlan,

12

Mexico and will be out of the country October 17, 2011 through November 2, 2011 and

13

December 19, 2011 through January 2, 2012; and
3.

14
15

the parties were unable to conduct the joint site inspection; and
4.

16
17

WHEREAS, due to scheduling conflicts and the above-mentioned circumstances,

WHEREAS, the parties are currently scheduled to conduct the joint site

inspection of the subject premises on Wednesday, December 7, 2011; and
5.

18

WHEREAS, the parties, hereto agree, stipulate and respectfully request that the

19

last day for the parties and counsel to conduct the joint inspection of the premises be continued

20

up to and including December 15, 2011.

21

IT IS STIPULATED.

22
23

Dated: October 17, 2011

24

THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
By: /s/Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiff CRAIG YATES

25
26
27

///

28

///
STIPULATION AND [PROPOSED] ORDER CONTINUING THE DEADLINE FOR THE JOINT SITE INSPECTION

2

Chen

A

H

LI

RT

ER

R NIA

NO

ard M.

dw
Judge E

FO

S
UNIT
ED

RT
U
O

October 19

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C