Jennifer Lonnberg Tole et al v. Western Conference of Teamsters Pension Trust Fund et al

Filing 13

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 12 Stipulation filed by Western Conference of Teamsters Pension Trust Fund. Signed by Judge Edward M. Chen on 2/11/15. (bpf, COURT STAFF) (Filed on 2/11/2015)

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`Robert F. Schwartz, SBN 227327
[e-mail]
Sean T. Strauss, SBN 245811
[e-mail]
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WESTERN CONFERENCE OF TEAMSTERS
PENSION TRUST FUND

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Leonard D. Lerner, SBN 93086
[e-mail]
LAW OFFICES OF LERNER & WEISS
21600 Oxnard Street, Suite 1130
Woodland Hills, CA 91367
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
JENNIFER LONNBERG TOLE &
CURTIS LONNBERG

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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JENNIFER LONNBERG TOLE, an
individual; CURTIS LONNBERG, an
individual

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Case No. 3:15-cv-00044-EMC
STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT ; ORDER

Plaintiffs,
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vs.
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WESTERN CONFERENCE OF
TEAMSTERS PENSION TRUST FUND, an
employer employee jointly administered
pension plan; STACY CHRISTINE
LONNBERG, an individual; and DOES 1 to
25, inclusive,

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(Superior Court of the State of California,
County of San Mateo, Case No. CIV 531469)

Defendants.

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; Case No. 3:15-cv-00044-EMC
#1485881

This stipulation is entered into by and among plaintiffs JENNIFER LONNBERG TOLE

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and CURTIS LONNBERG (“Plaintiffs”) and defendant THE WESTERN CONFERENCE OF

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TEAMSTERS PENSION TRUST FUND (the “Trust”) (Plaintiffs and the Trust collectively the

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“Parties”), by and through their respective counsel.
WHEREAS, Plaintiffs filed their Complaint in the above-entitled action in the Superior

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Court of California, County of Santa Clara, on November 24, 2014, and personally served the Trust

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with the Complaint on December 11, 2014;
WHEREAS, the Trust timely removed this action from the Superior Court of California,

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County of San Mateo, to the United States District Court for the Northern District of California on
January 6, 2015;
WHEREAS, pursuant to the stipulation of the Parties, the Trust’s present deadline to

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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respond to the Complaint is February 13, 2015;
WHEREAS, Defendant Stacy Christine Lonnberg has not responded to the Complaint or to

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multiple attempts by Plaintiffs’ counsel to communicate with her regarding her failure to respond;

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WHEREAS, Plaintiffs intend to apply in short order to the court for entry of default

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judgment against Stacy Christine Lonnberg;
WHEREAS, entry of default judgment against Stacy Christine Lonnberg could resolve

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many issues in this case as they relate to Plaintiffs’ claim against the Trust;

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WHEREAS, the Parties thus believe that delaying the Trust’s time to respond to the

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Complaint until after Plaintiffs’ motion for entry of default judgment can be heard will both

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conserve judicial resources and spare the Parties from incurring needless expense;
WHEREAS, under Civil Local Rule 6-1(a), the parties may stipulate in writing without a

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court order to extend the time within which to answer or otherwise respond to a complaint provided

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that change will not alter the date of any event or any deadline already fixed by Court order;
WHEREAS, extending the date for the Trust to respond to the Complaint as set forth below

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will not alter the date of any event or deadline already fixed by a order of the Court;

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; Case No. 3:15-cv-00044-EMC
#1485881

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NOW THEREFORE, the Parties hereby stipulate and agree as follows:
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The Trust’s deadline to respond to Plaintiffs’ Complaint shall be extended sixty

days, to and including April 14, 2015.
IT IS SO STIPULATED.

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TRUCKER  HUSS

DATED: February 10, 2015

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By: /s/ Sean T. Strauss
Robert F. Schwartz
Sean T. Strauss
Attorneys for Defendant
WESTERN CONFERENCE OF TEAMSTERS
PENSION TRUST FUND

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DATED: February 10, 2015

LAW OFFICES OF LERNER & WEISS, APC

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By: /s/ Leonard D. Lerner
Leonard D. Lerner, Esq.
Attorneys for PLAINTIFFS
STACY CHRISTINE LONNBERG &
CURTIS LONNBERG

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I attest that my firm has obtained Mr. Lerner’s concurrence in the filing of this document.

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DATED: February 10, 2015

TRUCKER  HUSS

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By: /s/ Sean T. Strauss
Robert F. Schwartz
Sean T. Strauss
Attorneys for Defendant
WESTERN CONFERENCE OF TEAMSTERS
PENSION TRUST FUND

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Judge E

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FO

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. Chen
dward M

NO

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ISTRIC
IT IS SO ORDERED:
ES D
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AT
_________________________
T
Edward M. Chen
ED
U. S. District Judge
ORDER
T IS SO
I

S

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UNIT
ED

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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C
F
D IS T IC T O
R
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; Case No. 3:15-cv-00044-EMC
#1485881

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CERTIFICATE OF SERVICE

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I, Michael V. Bresso, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the
within action. I am employed in the City and County of San Francisco, California. My business
address is One Embarcadero Center, 12th Floor, San Francisco, California 94111. On the date
indicated below, I served the within:
STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT

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to the addressee(s) and in the manner indicated below:

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Leonard D. Lerner, Esq.
Law Offices of Lerner & Weiss, APC
21600 Oxnard St., Ste. 1130
Woodland Hills, CA 91367

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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

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Stacy Christine Lonnberg
CDCR #WE8010
Central California Women's Facility
P.O. Box 1508
Chowchilla, CA 93610

BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the abovementioned date. I am familiar with the firm's practice of collection and processing correspondence for
mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am
aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.

I certify under penalty of perjury that the foregoing is true and correct, that the foregoing
document(s) were printed on recycled paper, and that this Certificate of Service was executed by
me on February 10, 2015, at San Francisco, California.

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/s/Michael V. Bresso
Michael V. Bresso

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; Case No. 3:15-cv-00044-EMC
#1485881

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