AFCM, Inc et al v. Elite Global Farming and Logistics, Inc et al

Filing 30

ORDER Granting 23 Stipulation Continue Case Management Conference. Case Management Statement due by 1/11/2012. Case Management Conference set for 1/18/2012 02:00 PM. Signed by Judge Claudia Wilken on 11/14/2011. (ndr, COURT STAFF) (Filed on 11/14/2011)

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1 2 3 4 Effie F. Anastassiou, Esq. (SBN 96279) David J. Lola, Esq. (SBN 231190) ANASTASSIOU& ASSOCIATES 242 Capitol Street Post Office Box 2210 Salinas, California 93902 Telephone: (831) 754-2501 Facsimile: (831) 754-0621 5 6 Attorneys for Plaintiffs, AFCM, INC. and FO-FARMER’S OUTLET, INC. 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 20 AFCM, INC., a California Corporation; and ) FO-FARMER’S OUTLET, INC., a ) California Corporation, ) ) ) Plaintiffs, ) ) v. ) ELITE GLOBAL FARMING AND ) LOGISTICS, INC., a California ) Corporation; RICHARD ESCAMILLA, ) SR., an Individual; JOSE ESCAMILLA, an ) Individual; JOHN CREIGHTON, an ) Individual; STEPHEN WYRICK, an ) Individual; KENT CURLEY, an Individual; ) DAVID GATTIS, an Individual; AMBER ) RIGOR, an Individual; and RICHARD ) ) ESCAMILLA, JR., an Individual, ) ) Defendants. ____________________________________ ) 21 22 // 23 // 24 // 25 // 26 // 27 // 28 CASE NO. 4:11-CV-04677-CW // // 10 11 12 13 14 15 16 17 18 19 AFCM, Inc., et al. v. Elite Global Farming & Log., et al. Case No. 4:11-CV-04677-CW STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Stip re CMC 1 1 IT IS HEREBY STIPULATED by and between the undersigned parties that: 2 WHEREAS, Plaintiffs AFCM, INC. and FO-FARMER’S OUTLET, INC. (collectively, 3 “Plaintiffs”) filed a complaint in the instant action against Defendants ELITE GLOBAL FARMING 4 AND LOGISTICS, INC.; RICHARD ESCAMILLA, SR.; JOSE ESCAMILLA; JOHN CREIGHTON; 5 STEPHEN WYRICK; KENT CURLEY; DAVID GATTIS; AMBER RIGOR; and RICHARD 6 ESCAMILLA, JR. (collectively, “Defendants”); 7 8 WHEREAS, no Defendants have filed responses to the complaint and responsive pleadings are not yet due for several of the Defendants1; 9 WHEREAS, Plaintiffs are only aware of JOHN CREIGHTON; KENT CURLEY; and DAVID 10 GATTIS (the “JMH Defendants”) as having retained counsel in this matter and have agreed with 11 counsel for the JMH Defendants that they shall have until November 21, 2011 to file a response to the 12 complaint; 13 14 WHEREAS, there is a Case Management Conference scheduled in the instant action for November 15, 2011 at 2:00 p.m. before the Honorable Wilken; 15 WHEREAS, Plaintiffs and the JMH Defendants feel it would be premature to hold a Case 16 Management Conference at this time since the time has not yet passed for all of the Defendants to 17 respond to the complaint and wish to continue the Case Management Conference to a date after January 18 1, 2011; 19 Therefore, IT IS HEREBY STIPULATED between the undersigned parties that the Case 20 Management Conference currently scheduled for November 15, 2011 be continued to a date after 21 January 1, 2012, subject to approval and order by the court. 22 Dated: November 4, 2011 ANASTASSIOU & ASSOCIATES 23 By: 24 Effie F. Anastassiou, Esq. Attorneys for Plaintiffs, AFCM, INC. and FO-FARMER’S OUTLET, INC. 25 26 27 1 28 Plaintiffs have been promptly moving for entry of default for any Defendants who have been served if they do not respond to the complaint by their due date, and have filed requests for default for two defendants; Richard Escamilla, Jr. and Elite Global Farming and Logistics, Inc. AFCM, Inc., et al. v. Elite Global Farming & Log., et al. Case No. 4:11-CV-04677-CW Stip re CMC 2 1 Dated: November __, 2011 JOHNSON, MONCRIEF & HART, PC 2 By: 3 L. Paul Hart, Esq. Attorneys for Defendants, JOHN CREIGHTON; KENT CURLEY; and DAVID GATTIS 4 5 6 ORDER 7 PURSUANT TO STIPULATION, IT IS SO ORDERED that the Case Management Conference 8 currently scheduled in the instant action is continued to: 9 10 11 January 18, 2012 Date: January 16, 2012 Time: 2:00 p.m. SO ORDERED. 12 13 11/14/2011 Date: _______________________ 14 ________________________________________ HONORABLE CLAUDIA WILKEN United States District Court Northern District of California 15 16 17 18 C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\11-4677 stip.wpd 19 20 21 22 23 24 25 26 27 28 AFCM, Inc., et al. v. Elite Global Farming & Log., et al. Case No. 4:11-CV-04677-CW Stip re CMC 3

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