Pick-n-Pull Auto Dismantlers v. Alco Iron & Metal Co. et al

Filing 29

Order by Hon. Vince Chhabria granting 28 Stipulation to Enlarge Time to Respond to the Motion to Dismiss.(knm, COURT STAFF) (Filed on 9/29/2014)

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JONATHAN D. WOLF, CA STATE BAR NO. 127043
KATHLEEN F. SHERMAN, CA STATE BAR NO. 241200
BERLINER COHEN
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
[e-mail]

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ATTORNEYS FOR PLAINTIFF
PICK-N-PULL AUTO DISMANTLERS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PICK-N-PULL AUTO DISMANTLERS, a
California general partnership,

CASE NO. 3:14-cv-03275 VC
STIPULATION AND PROPOSED ORDER
TO ENLARGE TIME TO RESPOND TO
MOTIONS TO DISMISS

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Plaintiff,
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v.
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ALCO IRON & METAL CO., a California
corporation; CESAR ZAMORA, an individual;
RICARDO ZAMORA, an individual; EMILIO
ZAMORA an individual; and DOES 1-25,
Defendants.

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WHEREAS, the parties have agreed to participate in a mediation on October 7, 2014;

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WHEREAS, Defendants have filed motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6),

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with the hearing set for November 20, 2014;

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WHEREAS, pursuant to Civ. L.R. 7-3(a), any response to the motions must be filed no later
than October 6, 2014;

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WHEREAS, pursuant to Civ. L.R. 7-3(c), any replies must be filed no later than October 14,
2014;
WHEREAS, the parties are hopeful that the case can be settled in mediation and would like
to avoid incurring unnecessary attorneys’ fees related to the motions to dismiss;

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WHEREAS, the parties have previously stipulated to extend time to September 22, 2014 for

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Defendants to file responsive pleadings, and the parties have previously stipulated to an enlargement
CASE NO. 3:14-CV-03275 VC

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KSHERMAN\19786005

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STIPULATION AND PROPOSED ORDER TO ENLARGE TIME TO RESPOND TO MOTIONS TO DISMISS

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of time as to the dates set forth in the Court's Order Setting Initial Case Management Conference and

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ADR Deadlines, which the Court entered as an order on September 24, 2014; and

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WHEREAS, the proposed enlargement of time will not affect the hearing date for the
motions to dismiss, or any other aspect of the schedule for this case;

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IT IS HEREBY STIPULATED and agreed to, by and among the undersigned, on behalf of

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their respective clients, to jointly request that the Court enlarge time and set a new briefing schedule

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for the motions to dismiss as follows:

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1. The last date for filing any response brief be reset to October 27, 2014;

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2. The last date for filing any reply brief be reset to November 6, 2014.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: SEPTEMBER 25, 2014

BERLINER COHEN
BY: /S/ KATHLEEN F. SHERMAN
JONATHAN D. WOLF
KATHLEEN F. SHERMAN
ATTORNEYS FOR PLAINTIFF
PICK-N-PULL AUTO DISMANTLERS

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Attestation of Consent to File:

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I, Kathleen F. Sherman, declare that
Charmaine G. Yu gave me her
permission to affix her electronic
signature to this document.

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COBLENTZ PATCH DUFFY & BASS LLP
BY: /S/ CHARMAINE G. YU
CHARMAINE G. YU
ATTORNEYS FOR ALCO IRON & METAL CO.

/s/ Kathleen F. Sherman

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Attestation of Consent to File:
I, Kathleen F. Sherman, declare that Erik
Babcock gave me his permission to affix
his electronic signature to this document.

THE LAW OFFICES OF ERIK BABCOCK
BY: /S/ ERIK BABCOCK
ERIK BABCOCK
ATTORNEYS FOR EMILIO ZAMORA

/s/ Kathleen F. Sherman

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CASE NO. 3:14-CV-03275 VC
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STIPULATION AND PROPOSED ORDER TO ENLARGE TIME TO RESPOND TO MOTIONS TO DISMISS

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Attestation of Consent to File:

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I, Kathleen F. Sherman, declare that Paul
M. Wellenkamp gave me his permission
to affix his electronic signature to this
document.

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THE LAW OFFICES OF PAUL M.
WELLENKAMP
BY: /S/ PAUL M. WELLENKAMP
PAUL M. WELLENKAMP
ATTORNEYS FOR CESAR ZAMORA

/s/ Kathleen F. Sherman

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BONJOUR, THORMAN, BARAY &
BILLINGSLEY
BY: /S/ MICHAEL THORMAN
MICHAEL THORMAN
ATTORNEYS FOR RICARDO ZAMORA

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Attestation of Consent to File:
I, Kathleen F. Sherman, declare that
Michael Thorman gave me his
permission to affix his electronic
signature to this document.

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/s/ Kathleen F. Sherman
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DATED:

September 26

, 2014

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UNIT
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S DISTRICT
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HON. VINCE CHHABRIA
ERED
JUDGE OF THE UNITED STATES DISTRICT COURT
O ORD
IT IS S
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

FO

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CASE NO. 3:14-CV-03275 VC
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STIPULATION AND PROPOSED ORDER TO ENLARGE TIME TO RESPOND TO MOTIONS TO DISMISS