Heifetz v. Cheese Steak Shop, Inc. et al

Filing 22

ORDER GRANTING IN PART AND DENYING IN PART 21 STIPULATION & REQUEST BY THE PARTIES FOR AN ORDER MODIFYING GENERAL ORDER 56 TO CONTINUE THE DEADLINE FOR JOINT INSPECTION TO ACCOMMODATE THE PARTIES AND THEIR COUNSEL.(whalc2, COURT STAFF) (Filed on 2/22/2016)

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LAW OFFICE OF IRENE KARBELASHVILI
Irene Karbelashvili, State Bar Number 232223
Irakli Karbelashvili, State Bar Number 302971
12 South First Street, Suite 413
San Jose, CA 95113

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Attorneys for SHELBY GAIL HEIFETZ, Plaintiff
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THE GARBER LAW FIRM
Alan S. Garber, State Bar Number 098076
1999 Harrison Street, Suite 1350
Oakland, CA 94612

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Attorneys for CHEESTE STEAK SHOP, INC., Defendant
BUCHMAN PROVINE BROTHERS SMITH LLP
Horace W. Green, State Bar Number 115699
Tonya Draeger Hubinger, State Bar Number 223047
2033 N. Main Street Suite 720
Walnut Creek, CA 94596
Attorneys for MMI PROPERTIES, LLC., Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHELBY GAIL HEIFETZ
Plaintiff,

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vs.

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CHEESE STEAK SHOP INC., a California
corporation d/b/a CHEESE STEAK SHOP;
MMI PROPERTIES, LLC, a California
limited liability company ; and DOES 1-20
inclusive,
Defendants.

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Case No. 15-cv-05219-WHA
Civil Rights
STIPULATION & REQUEST BY
THE PARTIES FOR AN ORDER
MODIFYING GENERAL ORDER
56 TO CONTINUE THE
DEADLINE FOR JOINT
INSPECTION TO
ACCOMMODATE THE PARTIES
AND THEIR COUNSEL; &
[PROPOSED] ORDER THEREON
Action filed: November 14, 2015

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Case No 15-cv-05219-WHA
STIPULATION & REQUEST BY THE PARTIES FOR AN ORDER MODIFYING GENERAL ORDER 56 TO
CONTINUE THE DEADLINE FOR JOINT INSPECTION TO ACCOMMODATE THE PARTIES AND THEIR
COUNSEL; & [PROPOSED] ORDER THEREON

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IT IS HEREBY STIPULATED by and between Plaintiff Shelby Gail Heifetz
(“Plaintiff”) and Defendants Cheese Steak Shop, Inc., and MMI Properties, LLC
(“Defendants”) that the deadline for a joint inspection be continued to, but no later than,
March 31, 2016.
Pursuant to General Order 56, Plaintiff served both Defendants within the required 63

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day time period. On December 11, 2015 Defendant MMI Properites, LLC filed its answer to

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Plaintiff’s complaint. On February 1, 2016, Defendant Cheese Steak Shop, Inc. filed its

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answer to Plaintiff’s complaint.

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Plaintiff and Defendants are in the process of scheduling a joint inspection of the
premises. Unfortunately, it is unlikely that the parties will be able to conduct an inspection by

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the February 29, 2016 deadline. [ECF Doc. No. 4].

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To accommodate the parties and their respective counsel’s schedules, the parties
March 15,
request leave to extend the deadline for the joint inspection to no later than March 31, 2016

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and all subsequent deadlines of General Order 56 to be modified accordingly.
The parties are hopeful that the joint inspection will assist them in resolving the issue
of injunctive relief.

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Date: February 16, 2016

/s/ Alan S. Garber
Alan S. Garber, Attorney for
Defendant Cheese Steak Shop, Inc.

Date: February 16, 2016

/s/ Horace W. Green
Horace W. Green, Attorney for
Defendant MMI Properties, LLC.

Date: February 16, 2016

/s/ Irene Karbelashvili
Irene Karbelashvili, Attorney for
Plaintiff Shelby Gail Heifetz

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Case No 15-cv-05219-WHA

STIPULATION & REQUEST BY THE PARTIES FOR AN ORDER MODIFYING GENERAL ORDER 56 TO
CONTINUE THE DEADLINE FOR JOINT INSPECTION TO ACCOMMODATE THE PARTIES AND THEIR
COUNSEL; & [PROPOSED] ORDER THEREON

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1, I hereby attest that on February 16, 2016, I, Irene
Karbelashvili, received the concurrence of counsel for Defendants in the filing of this document

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By:

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/s/ Irene Karbelashvili
IRENE KARBELASHVILI

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[PROPOSED] ORDER

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
That the deadline for conducting the joint inspection under General Order 56 is
March 15,
modified so that the deadline is extended to no later than March 31, 2016 and all subsequent
deadlines of General Order 56 to be modified accordingly.

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DATED: February 22, 2016.

___________________________________
William H. Alsup, United States District
Judge

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Case No 15-cv-05219-WHA

STIPULATION & REQUEST BY THE PARTIES FOR AN ORDER MODIFYING GENERAL ORDER 56 TO
CONTINUE THE DEADLINE FOR JOINT INSPECTION TO ACCOMMODATE THE PARTIES AND THEIR
COUNSEL; & [PROPOSED] ORDER THEREON

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