Bensi et al v. Litke Properties, Inc

Filing 9

STIPULATION AND ORDER re 8 Stipulation, filed by Stationary Engineers Local 39 Health and Welfare Trust Fund, Lyle Setter, Jerry Kalmar, Bart Florence, Stationary Engineers Local 39 Annuity Trust Fund, Paul Bensi. Signed by Judge Edward M. Chen on 9/16/11. (bpf, COURT STAFF) (Filed on 9/16/2011)

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WILLIAM A. SOKOL, Bar No. 072740
LINDA BALDWIN JONES, Bar No. 178922
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL BENSI, BART FLORENCE, JERRY
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KALMAR, and LYLE SETTER, in their
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capacities as Trustees of the STATIONARY
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ENGINEERS LOCAL 39 PENSION TRUST )
FUND; STATIONARY ENGINEERS LOCAL )
39 HEALTH AND WELFARE TRUST FUND; )
and STATIONARY ENGINEERS LOCAL 39 )
ANNUITY TRUST FUND,
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Plaintiffs,
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v.
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LITKE PROPERTIES, INC., a California
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Corporation,
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Defendant.
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No.

C 11-03875 EMC

STIPULATION TO EXTEND
DEADLINE FOR DEFENDANT TO
ANSWER COMPLAINT ; ORDER

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Pursuant to Federal Rules of Civil Procedure 12, and Local Rule 6-1(a), Plaintiffs and

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Defendant hereby stipulate to extend the time within which Defendant has to answer or otherwise

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respond to the Complaint.

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Plaintiffs filed the Complaint in this action on or around August 8, 2011, and Defendant

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was served with the Complaint and Summons on or around August 26, 2011. With this stipulation,

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Defendant’s deadline for answering and or otherwise responding to the Complaint is extended to

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September 30, 2011.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

Stipulation to Extend Deadline for Defendant to Answer Complaint (Case No. 11-03875 EMC)

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The parties submit that the additional time will not alter any deadline set by the Court, and

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agree that pursuant to Local Rule 6-1(a), this stipulation is respectfully submitted to the Court for

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approval without the necessity of a hearing or Order.

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Dated: August 31, 2011
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Linda Baldwin Jones
WILLIAM A. SOKOL
LINDA BALDWIN JONES
EZEKIEL D. CARDER
Attorneys for Plaintiffs

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Dated: August 31, 2011
EVANS & HEIL

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By: /s/ Leland B. Evans
LELAND B. EVANS
Attorneys for Defendant

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128627/634966

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dwar
Judge E

_______________
Edward M. Chen
U.S. District Judge

ERED

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UNIT
ED

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O ORD
IT IS S

NO

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IT IS SO ORDERED:

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S DISTRICT
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A

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D IS T IC T O
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-2Stipulation to Extend Deadline for Defendant to Answer Complaint (Case No. 11-03875 EMC)

CERTIFICATE OF SERVICE

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I am a citizen of the United States and an employee in the County of Alameda, State of
California. I am over the age of eighteen years and not a party to the within action; my business
address is 1001 Marina Village Parkway, Suite 200, Alameda, California 94501-1091. On
September 2, 2011, I served upon the following parties in this action:

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Lee B. Evans
Law Offices of Evans & Heil
8 Harris Court, Suite A-1
Monterey, CA 93940

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copies of the document(s) described as:
STIPULATION TO EXTEND DEADLINE FOR DEFENDANT TO ANSWER
COMPLAINT

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[X]

BY MAIL I placed a true copy of each document listed herein in a sealed envelope,
addressed as indicated herein, and caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Alameda, California. I am readily familiar
with the practice of Weinberg, Roger & Rosenfeld for collection and processing of
correspondence for mailing, said practice being that in the ordinary course of business, mail
is deposited in the United States Postal Service the same day as it is placed for collection.

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BY PERSONAL SERVICE I placed a true copy of each document listed herein in a
sealed envelope, addressed as indicated herein, and caused the same to be delivered by
hand to the offices of each addressee.

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BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed
herein in a sealed envelope, addressed as indicated herein, and placed the same for
collection by Overnight Delivery Service by following the ordinary business practices of
Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the practice
of Weinberg, Roger & Rosenfeld for collection and processing of Overnight Delivery
Service correspondence, said practice being that in the ordinary course of business,
Overnight Delivery Service correspondence is deposited at the Overnight Delivery Service
offices for next day delivery the same day as Overnight Delivery Service correspondence is
placed for collection.

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BY FACSIMILE I caused to be transmitted each document listed herein via the fax
number(s) listed above or on the attached service list.

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I certify under penalty of perjury that the above is true and correct. Executed at Alameda,
California, on September 2, 2011.

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/s/ Joanna Son
Joanna Son

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-3Stipulation to Extend Deadline for Defendant to Answer Complaint (Case No. 11-03875 EMC)