Ramirez et al v. Pueblito et al

Filing 14

STIPULATION AND ORDER CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION. Signed by Judge Joseph C. Spero on 5/9/12. (klhS, COURT STAFF) (Filed on 5/9/2012)

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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 Plaintiff IRMA RAMIREZ; DAREN HEATHERLY 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 IRMA RAMIREZ; and DAREN HEATHERLY, ) ) ) Plaintiffs, ) ) v. ) ) ) MI PUEBLITO; CAROLINE C. ) ) BATTAGLIA and MARK M. ) BATTAGLIA, Trustees of the THOMAS A. ) and CAROLINE C. BATTAGLIA FAMILY ) TRUST dated July 22, 1975 - SURVIVORS ) TRUST; and CAROLINE C. BATTAGLIA ) ) and MARK M. BATTAGLIA, Trustees of ) ) the THOMAS A. and CAROLINE C. BATTAGLIA FAMILY TRUST dated July ) ) 22, 1975 - RESIDUARY TRUST, ) ) Defendants. ) ____________________________________ CASE NO. CV-12-0474-JCS STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION 21 Plaintiffs IRMA RAMIREZ and DAREN HEATHERLY, and Defendant MARK M. 22 23 BATTAGLIA, as Successor Trustee of (i) The Thomas A. & Caroline C. Battaglia Family Trust 24 dated July 22, 1975 - Survivors Trust and (ii) The Thomas A. & Caroline C. Battaglia Family 25 Trust dated July 22, 1975 - Residuary Trust, by and through the parties respective counsel in the 26 above-mentioned case respectfully request and hereby make the following stipulation: 27 /// 28 /// STIPULATION AND [PROPOSED] ORDER CONTINUING THE DEADLINE FOR THE JOINT SITE INSPECTION 1 1 1. WHEREAS, defendant MARK M. BATTAGLIA, as Successor Trustee of (i) 2 The Thomas A. & Caroline C. Battaglia Family Trust dated July 22, 1975 - Survivors Trust and 3 (ii) The Thomas A. & Caroline C. Battaglia Family Trust dated July 22, 1975 - Residuary Trust 4 was served via personal service with the summons and complaint on March 16, 2012; 5 6 2. WHEREAS, defendant Caroline C. Battaglia died October 17, 2011, and plaintiffs will be filing a Notice of Voluntary Dismissal shortly; 7 3. WHEREAS, defendant MARK M. BATTAGLIA, as Successor Trustee of (i) The 8 Thomas A. & Caroline C. Battaglia Family Trust dated July 22, 1975 - Survivors Trust and (ii) 9 The Thomas A. & Caroline C. Battaglia Family Trust dated July 22, 1975 - Residuary Trust 10 has answered plaintiffs’ complaint; 11 4. WHEREAS, pursuant to the General Order 56 ¶ 3 & 4, the parties are to 12 have the joint site inspection at Mi Pueblito Restaurant located 7600 Commerce Boulevard, 13 Cotati, California 94931 completed by May 9, 2012; 14 15 5. country until May 15, 2012; 16 17 WHEREAS, Plaintiffs’ counsel, Thomas E. Frankovich, is currently out of the 6. WHEREAS, due to this circumstance, the parties are unable to conduct the joint site inspection of the premises by May 9, 2012; 18 7. WHEREAS, the parties are currently in the process of coordinating a date(s) to 19 conduct the joint site inspection; and 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// STIPULATION AND [PROPOSED] ORDER CONTINUING THE DEADLINE FOR THE JOINT SITE INSPECTION 2 RT R NIA A H ER Spero LI NO seph C. Judge Jo FO S UNIT ED RT U O May 9 ISTRIC ES D TC AT T N F D IS T IC T O R C

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