Heatherly et al v. 24th Street Cheese Company et al

Filing 7

STIPULATION AND ORDER Extending Time for Defendants to Respond to Plaintiffs' Complaint and Joint Site Inspection Deadline. re 6 Stipulation filed by Irma Ramirez, Daren Heatherly. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/20/11. (bjtS, COURT STAFF) (Filed on 12/20/2011)

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAREN HEATHERLY and IRMA
RAMIREZ,

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Plaintiffs,
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v.
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24th STREET CHEESE COMPANY; TI )
CHING KUNG, trustee of the TI CHING )
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KUNG LIVING, dated March 6, 1994; and )
CHARLES KUNG, an individual dba 24th )
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STREET CHEESE COMPANY,
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Defendants.
___________________________________ )

CASE NO. CV-11-4967-MEJ
STIPULATION EXTENDING TIME
FOR DEFENDANTS TO RESPOND
TO PLAINTIFFS’ COMPLAINT;
EXTENDING THE JOINT SITE
INSPECTION DEADLINE; AND
[PROPOSED] ORDER THEREON

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Plaintiffs DAREN HEATHERLY and IRMA RAMIREZ, and Defendants TI CHING

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KUNG, trustee of the TI CHING KUNG LIVING, dated March 6, 1994; and CHARLES KUNG,

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an individual dba 24th STREET CHEESE COMPANY, by and through their respective counsel,

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respectfully request and make the following stipulation:
1.

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Whereas, defendants TI CHING KUNG, trustee of the TI CHING KUNG

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LIVING, dated March 6, 1994; and CHARLES KUNG, an individual dba 24th STREET

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CHEESE COMPANY were personally served with the summons and complaint on November

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29, 2011, an answer to the complaint is currently due by December 20, 2011;

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STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’ COMPLAINT; EXTENDING THE JOINT SITE
INSPECTION DEADLINE; AND [PROPOSED] ORDER THEREON
CV-11-4967-MEJ

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2.

Whereas, defendants TI CHING KUNG, trustee of the TI CHING KUNG

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LIVING, dated March 6, 1994; and CHARLES KUNG, an individual dba 24th STREET

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CHEESE COMPANY have requested an extension to respond to plaintiffs’ complaint;
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Whereas, the respective counsel have a history of attempting to and/or settling

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access case(s) without the need of an answer. Both counsel are hopefully that this case would

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follow suit;
4.

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Whereas, plaintiffs have therefore agreed to grant additional time for defendants

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TI CHING KUNG, trustee of the TI CHING KUNG LIVING, dated March 6, 1994; and

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CHARLES KUNG, an individual dba 24th STREET CHEESE COMPANY to answer and/or

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otherwise respond to their complaint;
5.

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Whereas, pursuant to the General Order 56 ¶ 3 & 4, the parties are to have the

joint site inspection completed by January 17, 2012;
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Whereas, the parties respectfully request that the joint site inspection deadline

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of the premises be continued from January 17, 2012 to February 3, 2012, in order to try and

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negotiate a settlement;
7.

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Whereas, the parties are currently in negotiation to try and settle the above-

referenced case, and wish to reduce fees, costs and litigation expenses in so doing;
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Whereas, the parties believe it would be in the interests of efficiency and

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economy to extend the deadline for defendants TI CHING KUNG, trustee of the TI CHING

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KUNG LIVING, dated March 6, 1994; and CHARLES KUNG, an individual dba 24th STREET

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CHEESE COMPANY to respond to the complaint and extend the inspection deadline to allow

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time to negotiate an agreement; and
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Whereas, defendants’ counsel further stipulates that defendants TI CHING

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KUNG, trustee of the TI CHING KUNG LIVING, dated March 6, 1994; and CHARLES KUNG,

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an individual dba 24th STREET CHEESE COMPANY will comply with any and all due dates

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dictated by the Federal Rules of Civil Procedure, the Local Rules of Court, and/or any scheduling

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order issued by this court prior to the date on which defendants’ responsive pleading is due.

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STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’ COMPLAINT; EXTENDING THE JOINT SITE
INSPECTION DEADLINE; AND [PROPOSED] ORDER THEREON
CV-11-4967-MEJ
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IT IS STIPULATED:

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That the last day for defendants TI CHING KUNG, trustee of the TI CHING KUNG

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LIVING, dated March 6, 1994; and CHARLES KUNG, an individual dba 24th STREET

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CHEESE COMPANY, to answer or otherwise respond to plaintiffs’ complaint be extended up to

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and including February 15, 2012, and the last day for the parties and counsel to conduct the joint

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inspection of the premises pursuant to General Order 56 by and including February 3, 2012.

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Dated: December 16, 2011

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THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By: ___/s/Thomas E. Frankovich____________
Thomas E. Frankovich
Attorneys for Plaintiffs DAREN HEATHERLY;
and IRMA RAMIREZ

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STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’ COMPLAINT; EXTENDING THE JOINT SITE
INSPECTION DEADLINE; AND [PROPOSED] ORDER THEREON
CV-11-4967-MEJ
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Dated: December 19, 2011

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RAGUNATH K. DINDIAL,
Attorney at Law
By: /s/Ragunath K. Dindial

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Ragunath K. Dindial
Attorneys for Defendants TI CHING KUNG, trustee
of the TI CHING KUNG LIVING, dated March 6,
1994; and CHARLES KUNG, an individual dba
24th STREET CHEESE COMPANY

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ORDER
IT IS SO ORDERED that the last day for defendants TI CHING KUNG, trustee of the

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TI CHING KUNG LIVING, dated March 6, 1994; and CHARLES KUNG, an individual dba 24th

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STREET CHEESE COMPANY, to answer plaintiffs’ complaint be extended up to and including

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February 15, 2012, and the last day for the parties and counsel to conduct the General Order 56,

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joint site inspection of the premises is continued up to and including February 3, 2012.

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December 20,
Dated: _______________, 2011

_________________________________________
HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge

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STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’ COMPLAINT; EXTENDING THE JOINT SITE
INSPECTION DEADLINE; AND [PROPOSED] ORDER THEREON
CV-11-4967-MEJ
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