Moralez v. Joe's Union L.P. et al

Filing 18

STIPULATION AND ORDER GRANTING SECOND EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT re 17 Stipulation, filed by James A. Maciel, Jr., Gail A. Gavello, Charlene Marie Ozawa, Barry Maciel, Peter R. Johnson, Joe's Union L.P., The Riviera LLC, Gregory A. Maciel, Georgia Vierra. Signed by Judge Thelton E. Henderson on 1/3/2017. (tlS, COURT STAFF) (Filed on 1/3/2017)

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Attorneys for Defendant
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JOE’S UNION L.P.; THE RIVIERA LLC; JAMES A. MACIEL,
D IS T IC T O
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JR.; GREGORY A. MACIEL; BARRY MACIEL; PETER R.
JOHNSON; GAIL A. GAVELLO; CHARLENE MARIE OZAWA;
and GEORGIA VIERRA

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NO

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OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
DAVID RAIZMAN, CA Bar No. 129407
DERED
[e-mail]
SO OR
IT IS
AMBER L. ROLLER, CA Bar No. 273354
[e-mail]
400 South Hope Street, Suite 1200
son
Los Angeles, CA 90071
Hender
elton E.
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Telephone:
213.239.9800
Judge T
Facsimile:
213.239.9045

UNIT
ED

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S DISTRICT
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

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Plaintiff,
v.
JOE’S UNION L.P. dba ORIGINAL JOE’S;
THE RIVIERA LLC; JAMES A. MACIEL,
JR.; GREGORY A. MACIEL, individually
and as Trustee of the BARRY MACIEL
TRUST; BARRY MACIEL; PETER R.
JOHNSON, Trustee of the KRISTINA
GAVELLO MARITAL TRUST; GAIL A.
GAVELLO, Trustee of the GAIL A.
GAVELLO 2009 REVOCABLE TRUST
AGREEMENT dated July 2, 2009;
CHARLENE MARIE OZAWA; MIKE
MICHELETTI; JOYCE JAMES; GEORGIA
VIERRA,

Case No. 3:16-cv-06345-TEH
SECOND STIPULATION TO EXTEND
TIME FOR DEFENDANTS TO RESPOND
TO PLAINTIFF’S COMPLAINT
Old Response Date:
New Response Date:

December 28, 2016;
January 30, 2017

Complaint Filed: November 1, 2016
Trial Date:
None
Judge:
Hon. Thelton E. Henderson
Dept. 12, San Francisco

Defendants.

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28186544_1.docx

Case No. 3:16-cv-06345-TEH
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS
TO RESPOND TO PLAINTIFF’S COMPLAINT

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IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Francisca

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Moralez (“Plaintiff”) and defendants Joe’s Union L.P.; The Riviera LLC; James A. Maciel, Jr.;

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Gregory A. Maciel; Barry Maciel; Peter R. Johnson; Gail A. Gavello; Charlene Marie Ozawa; and

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Georgia Vierra (“Defendants”) (collectively, the “Parties”), by and through their respective

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attorneys of record, as follows:

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WHEREAS, on November 1, 2016, Plaintiff filed her Complaint in the United States

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District Court, Northern District of California, Case Number 3:16-cv-06345, alleging three causes

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of action, including violations of the Americans With Disabilities Act of 1990; Unruh Act; and

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Denial of Full and Equal Access to Public Facilities;

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WHEREAS, the Parties previously stipulated to a 30-day extension of the deadline for

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Defendants to file and serve their responsive pleading, which extended such deadline to December

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28, 2016, while the Parties explored early resolution of the matter before Defendants spent the

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necessary time and resources preparing and filing a responsive pleading;

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WHEREAS, the Parties are currently in the end-stages of settlement negotiations that, if
successful, will resolve this matter in its entirety;

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WHEREAS, Plaintiff and Defendants have stipulated to a second 30-day extension of the

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deadline for Defendants to file and serve their responsive pleading, which extends such deadline to

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January 30, 2017, to allow the Parties to continue to negotiate for resolution of the matter in its

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entirety and prepare and execute settlement documents;

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WHEREAS, this extension will not alter the date of any event or deadline already fixed by
Court order and is made pursuant to Local Rule 6-1(a); and

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WHEREAS, the Parties agree that this Stipulation and the extension of time for Defendants

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to respond to the Complaint shall be without prejudice to any claims, defenses or rights that any

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party may have regarding the Complaint or any other matter in this action.

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THEREFORE, the Parties hereby stipulate that the deadline for Defendants to file and serve
their responsive pleading to Plaintiff’s Complaint shall be continued to January 30, 2017.

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28186544_1.docx

IT IS SO STIPULATED.
///
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Case No. 3:16-cv-06345-TEH
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS
TO RESPOND TO PLAINTIFF’S COMPLAINT

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Respectfully submitted,
DATED: December 29, 2016

MOORE LAW FIRM, P.C.

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By: /s/ Tanya Moore
Tanya Moore

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Attorney for Plaintiff
FRANCISCA MORALEZ

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DATED: December 29, 2016
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Amber L. Roller
David Raizman
Amber L. Roller

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Attorneys for Defendant
JOE’S UNION L.P.; THE RIVIERA LLC;
JAMES A. MACIEL, JR.; GREGORY A.
MACIEL; BARRY MACIEL; PETER R.
JOHNSON; GAIL A. GAVELLO; CHARLENE
MARIE OZAWA; and GEORGIA VIERRA

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Certification Pursuant to Local Rule 5-1(i)(3)
Pursuant to Local Rule 5-1(i)(3), I, Amber L. Roller, do attest that all signatories listed, and
on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.

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Dated: December 29, 2016

By: /s/ Amber L. Roller

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28186544_1.docx

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Case No. 3:16-cv-06345-TEH
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS
TO RESPOND TO PLAINTIFF’S COMPLAINT

CERTIFICATE OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California; I am over the age of 18
years and not a party to this action. My business address is 400 S. Hope Street, Suite 1200,
Los Angeles, California 90071.
On December 29, 2016, I served the following document(s) described as:
SECOND STIPULATION TO EXTEND TIME FOR
DEFENDANTS TO RESPOND TO PLAINTIFF'S
COMPLAINT
With the Clerk of the United States District Court of Northern District of California, using the
CM/ECF System. The Court's CM/ECF System will send an e-mail notification of the foregoing
filing to the following parties and counsel of record who are registered with the Court's CMIECF
System:
Tanya E. Moore, Esq.
Zachary M. Best, Esq.
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

El

(Federal)

Attorneys for Plaintiff
Francisca Moralez

I declare that I am employed in the office of a member of the Bar of this
Court at whose direction the service was made. I declare under penalty of
perjury under the laws of the United States of America that the above is true
and correct.

Executed on December 29, 2016, at Los Angeles, California.
Tisa Hunter
Type or Print Name

Signature

(SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE IN MAIL SLOT, BOX OR BAG)

281.86544_1.docx

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CERTIFICATE OF SERVICE

Case No. 3;16-ev-06345-TEH