Yates et al v. Rose Wing Properties

Filing 6

ORDER re 5 granting STIPULATION EXTENDING TIME FOR DEFENDANT ROSE WING PROPERTIES TO RESPOND TO COMPLAINT. Signed by Judge Claudia Wilken on 1/30/09. (scc, COURT STAFF) (Filed on 1/30/2009)

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1 2 3 4 5 6 7 8 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 Facsimile: 415/674-9900 Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs CRAIG YATES, an individual; and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS ("DREES"), and defendant ROSE WING PROPERTIES, by and through their respective counsel, respectfully request and stipulate, as follows: 1. WHEREAS, the parties in the above-referenced case are in the process of settling CRAIG YATES, an individual; and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) ROSE WING PROPERTIES, ) ) Defendant. ) ____________________________________) CASE NO. CV-08-5365-CW STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT ROSE WING PROPERTIES TO RESPOND TO COMPLAINT both the injunctive and damage claims and wish to preclude any additional costs and fees. (It should be noted that Defendant ROSE WING PROPERTIES has already engaged an architect to address the remedial repairs, and the parties are awaiting their report); and /// /// STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT ROSE WING PROPERTIES TO RESPOND TO COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. WHEREAS, the parties by and through their counsel, stipulate that Defendant ROSE WING PROPERTIES be granted an extension of time to and including February 27, 2009, to answer plaintiffs' complaint; and 3. WHEREAS, this stipulation comports to the Federal judicial objective of a fair, efficient and economical resolution, while at the same time preserving judicial economy. IT IS SO STIPULATED. DATED: January 27, 2009 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION By: __________/S/_________________________ Thomas E. Frankovich Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation DATED: January 28, 2009 STEVEN LOUIS COSTA By: /S/ Attorneys for Defendant ROSE WING PROPERTIES ORDER IT IS HEREBY ORDERED that the Defendant ROSE WING PROPERTIES is granted an extension of time to and including February 27, 2009, to answer plaintiffs' complaint. 1/30 DATED: ______________, 2009 Honorable CLAUDIA WILKEN United States District Judge STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT ROSE WING PROPERTIES TO RESPOND TO COMPLAINT 2

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