Golin et al v. Allenby et al

Filing 11

ORDER GRANTING PLAINTIFFS' REQUEST TO EXTEND TIME TO SERVE DEFENDANTS re 7 Proposed Order, filed by Jeffrey R. Golin (whalc2, COURT STAFF) (Filed on 10/19/2011)

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1 2 3 KATE WELLS, State Bar #107051 Attorney at Law 2600 Fresno Street Santa Cruz, California 95062 Telephone: (831) 479-4475 Facsimile: (831) 479-4476 4 5 Attorney for Plaintiffs, JEFFREY GOLIN, ELSIE GOLIN, and NANCY K. GOLIN 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION E-FILED CASE 11 12 13 14 JEFFREY GOLIN, individually and as next friend for NANCY K. GOLIN; ELSIE GOLIN, individually; and NANCY K. GOLIN, an incapacitated person, 15 Plaintiffs, 16 vs. 17 18 CLIFFORD B. ALLENBY, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. C11-02618 HRL PLAINTIFFS’ EX PARTE REQUEST FOR EXTENSION OF TIME TO SERVE DEFENDANTS; DECLARATION OF KATE WELLS IN SUPPORT THEREOF; (PROPOSED) ORDER 19 20 Plaintiffs hereby request an order granting them a 60 day extension of time to 21 serve the Summons and Complaint herein on the defendants. Said extension would 22 extend the deadline from the present date of September 29, 2011 to November 29, 23 2011. The reason for said request is set forth in the Declaration of Kate Wells which 24 follows. 25 26 27 Dated: September 28, 2011 /s/ Kate Wells, Attorney for the Plaintiffs 28 REQUEST FOR EXTENSION OF TIME TO SERVE DEFENDANTS Golin, et al. v. Allenby, et al. Case No. C11 - 02618 HRL 1 DECLARATION OF KATE WELLS 1 2 I, KATE WELLS, declare: 3 1. 4 I am an attorney licensed to practice in all of the courts of California and the attorney of record for the plaintiffs in the above-captioned case. 2. 5 The plaintiffs retained me to file the complaint herein to preserve the 6 statute of limitations on their claims against the defendants. At this time, they have 7 not yet made a determination as to whether or not they have the intention and/or 8 wherewithal to pursue the action. Given the number of named defendants in the case, 9 service of process will be costly and possibly unnecessary. For this reason, they have 10 asked me to request this extension of time to serve the summons and complaint on the 11 defendants. I declare under penalty of perjury under the laws of the State of California that 12 13 the foregoing is true and correct of my own personal knowledge. Signed this 28th day 14 of September, 2011, at Santa Cruz, California. 15 16 /s/ 17 Kate Wells 18 19 (PROPOSED) ORDER 20 21 Good cause appearing therefor 22 IT IS HEREBY ORDERED that the time in which plaintiffs can serve the summons 23 and complaint is hereby extended for 60 days from September 29, 2011, to November 29, 24 2011. 25 26 27 28 Dated: October 19, 2011. THE HONORABLE HOWARD R. LLOYD William Alsup UNITED STATES MAGISTRATE JUDGE SERVE DEFENDANTS UNITED STATES DISTRICT JUDGE REQUEST FOR EXTENSION OF TIME TO Golin, et al. v. Allenby, et al. Case No. C11 - 02618 HRL 2

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