Heifetz v. Zio Fraedos, Inc. et al

Filing 20

ORDER CONTINUING GENERAL ORDER 56 JOINT INSPECTION DEADLINE by Hon. William Alsup granting 19 Stipulation.(whalc1, COURT STAFF) (Filed on 2/14/2017)

1
2
3
4

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
Telephone: [phone]
Fax: [phone]

VENARDI ZURADA LLP
Mark Lain Venardi, State Bar Number 173140
Mark Thomas Freeman, State Bar Number
293721
700 Ygnacio Valley Road Suite 300
Walnut Creek, CA 94596
Ph: 925-937-3900
Fax: [phone]

Attorneys for SHELBY GAIL HEIFETZ, Plaintiff

Attorneys for Defendants ZIO FRAEDOS, INC., a
California corporation, d/b/a ZIO FRAEDO’S; and
ANTHONY F. LOFORTE, SR., in his individual
and representative capacity as Trustee of the
ANTHONY F. LOFORTE SR. LIVING TRUST

5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13

vs.

15

17
18
19

STIPULATION AND [PROPOSED]
ORDER CONTINUING GENERAL
ORDER 56 JOINT INSPECTION
DEADLINE

Plaintiff,

14

16

Case No. 16-cv-5535-WHA

SHELBY GAIL HEIFETZ,

ZIO FRAEDOS, INC., a California
corporation, d/b/a ZIO FRAEDO’S;
ANTHONY F. LOFORTE, SR., in his
individual and representative capacity as
Trustee of the ANTHONY F. LOFORTE SR.
LIVING TRUST; and DOES 1-10, inclusive,

20

Defendants

21
STIPULATION

22
23
24
25

Plaintiff Shelby Gail Heifetz (“Plaintiff”) and Defendants Zio Fraedos, Inc. and Anthony
F. Loforte, Sr. (“Defendants”) stipulate to continue the joint inspection deadline until February
15, 2017. The parties do so based on the following:
1.

Plaintiff filed her complaint on September 29, 2016.

26

2.

On November 3, 2016 Plaintiff served the summons, complaint, and related documents

27

on Defendants.

28

3.

Defendants did not retain counsel until December of 2016 and Plaintiff’s counsel was

Page 1 of 3
Stipulation and [Proposed] Order

1

first contacted by defense counsel on December 15, 2016. Plaintiff agreed to stipulate to extend

2

Defendant’s response to Plaintiff’s complaint by 30 days. The Court granted the stipulation (Dkt.

3
4

12). Defendants filed their answer on January 6, 2017.
4.

The parties believe that a formal inspection in accordance with the provisions of General

Order 56 will be helpful in resolving the issue of injunctive relief. Unfortunately, due to the
5
6

delay in Defendants retaining counsel and everyone’s conflicting schedules, the earliest available
date for everyone to conduct the inspection is February 15, 2017.

7
8
IT IS SO STIPULATED.
9
10

Dated: February 12, 2017

/s/ Irene Karbelashvili
Irene Karbelashvili, Attorney for
Plaintiff SHELBY GAIL HEIFETZ

Dated: February 13, 2017

/s/_Mark Lain Venardi
Mark Lain Venardi, Attorney for
Defendants Zio Fraedo’s, Inc. and Anthony F.
Loforte, Sr.

11
12
13
14
15
16

FILER’S ATTESTATION

17
18
19

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

20
21

By:

22
23
24
25
26
27
28

Page 2 of 3
Stipulation and [Proposed] Order

/s/ Irene Karbelashvili
IRENE KARBELASHVILI

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:

1

That the last date for the Parties’ Joint Site Inspection under General Order 56 is

2
3

hereby modified so that the time to conduct the Joint Site Inspection is hereby extended to no

4

later than February 15, 2017. The last dates under General Order 56 for the Parties’ Meet and

5

Confer and Notice for Mediation shall be modified accordingly.
This order is conditioned on the requirement that the
inspection in fact occur by February 15.

6
7
8

DATED: February 14, 2017.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 3 of 3
Stipulation and [Proposed] Order

_________________________
United States District Judge