Shaw v. Khadembashi et al

Filing 8

ORDER RE PLAINTIFF'S REQUEST FOR RELIEF FROM SERVICE DEADLINE re 7 Proposed Order filed by Cecil Shaw (whalc2, COURT STAFF) (Filed on 6/17/2013)

1
2
3
4
5

Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Cecil Shaw

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21

CECIL SHAW,

)
)
)
Plaintiff,
)
)
vs.
)
ELAHE KHADEMBASHI aka ELAHE K.
)
GHIASSI, dba BEST BITE RESTAURANT; )
)
FEREIDOON GHIASSI, dba BEST BITE
)
RESTAURANT; SOBHANIEH
)
MOSTAKHDEMIN dba BEST BITE
)
RESTAURANT; DICK WAH LO, Trustee of )
the DICK WAH LO AND JILL KHIEW-LO )
2002 FAMILY TRUST; JILL KHIEW-LO, )
)
Trustee of the DICK WAH LO AND JILL
)
KHIEW-LO 2002 FAMILY TRUST,
)
)
)
Defendants.
)

No. 3:13-CV-01694-WHA
PLAINTIFF’S REQUEST FOR
ADMINISTRATIVE RELIEF FROM
SERVICE DEADLINE (Local Rule 7-11);
[PROPOSED] ORDER

22

On April 15, 2013, Plaintiff, Cecil Shaw (“Plaintiff”), filed the instant action alleging

23

claims under Title III of the Americans with Disabilities Act of 1990 and parallel California

24

law (ECF No. 1). On that same date, a Scheduling Order under General Order 56 was issued

25

(ECF No. 3) (“Scheduling Order”). The Scheduling Order required that all defendants be

26

served no later than June 14, 2013. On May 23, 2013, Plaintiff filed his First Amended

27

Complaint, adding defendant Sobhanieh Mostakhdemin dba Best Bite Restaurant (ECF No.

28

4).
PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE
DEADLINE; [PROPOSED] ORDER
Page 1

1
2

The action names five defendants; Plaintiff has effected service on two of them.
Plaintiff has not yet served the following defendants:

3

1.

Elahe Khadembashi aka Elahe K. Ghiassi, dba Best Bite Restaurant

4

2.

Sobhanieh Mostakhdein dba Best Bite Restaurant

5

3.

Dick Wah Lo, Trustee of the Dick Wah Lo and Jill Khiew-Lo 2002 Family

6

Trust

7

Plaintiff submitted the complaint and relevant documents to a process server on or

8

about April 19, 2013, only four days after the filing of the complaint. Multiple attempts have

9

been made at service, and Plaintiff believes that the un-served defendants (several of whom

10

are related in various manners to defendants who have been served) may be evading service.

11

However, Plaintiff is working diligently and closely with the process server, and is seeking to

12

exhaust every opportunity for personal service before seeking court orders permitting service

13

by alternative means than personal service.

14

Accordingly, Plaintiff respectfully requests that he be given an additional thirty-one

15

days from June 14, 2013 to July 15, 2013 within which to complete service (or take

16

appropriate action) with regards to all defendants.

17
18

Dated: June 14, 2013

MOORE LAW FIRM, P.C.

19
/s/ Tanya E. Moore
Tanya E. Moore,
Attorneys for Plaintiff,
Cecil Shaw

20
21
22
23

///

24

///

25

///

26

///

27

///

28

///

PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE
DEADLINE; [PROPOSED] ORDER
Page 2

1

ORDER

2

Upon request of Plaintiff and good cause appearing,

3

IT IS HEREBY ORDERED that the Scheduling Order in this matter filed April 15,

4

2013 (ECF No. 3) be amended to continue the last day by which Plaintiff must serve all
July 1, 2013.
defendants, or seek appropriate relief from the Court, from June 14, 2013 to July 15, 2013.

RT

12

illi
Judge W

ER

H

13
14

p

am Alsu

NO

11

United States District Court Judge

FO

10

UNIT
ED

9

Dated: June 17, 2013.

S DISTRICT
TE
C
TA

RT
U
O

8

S

7

R NIA

IT IS SO ORDERED.

LI

6

A

5

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28

PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE
DEADLINE; [PROPOSED] ORDER
Page 3