Ramirez et al v. Earthsong et al

Filing 14

STIPULATION AND ORDER CONTINUING DEADLINE re 13 STIPULATION WITH PROPOSED ORDER RE CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION; and [PROPOSED] ORDER THEREON filed by Irma Ramirez, Daren Heatherly. Signed by Magistrate Judge Kandis A. Westmore on 1/24/14. (sisS, COURT STAFF) (Filed on 1/24/2014)

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THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiffs IRMA RAMIREZ;
and DAREN HEATHERLY
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
OAKLAND - DIVISION

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IRMA RAMIREZ; and DAREN
HEATHERLY,

)
)
)
Plaintiffs,
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v.
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)
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EARTHSONG; WILLIAM K. KENNEDY )
and ALYCIA F. KENNEDY, Trustees of the)
KENNEDY FAMILY 2004 REVOCABLE )
TRUST, dated 4/29/2004; and BRUCE
)
BECKER, an individual dba EARTHSONG, )
)
Defendants.
)
____________________________________)

CASE NO. CV-13-4039-KAW
STIPULATION RE CONTINUING
DEADLINE FOR THE PARTIES TO
CONDUCT THE JOINT SITE
INSPECTION; and [PROPOSED] ORDER
THEREON

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Plaintiffs IRMA RAMIREZ and DAREN HEATHERLY, and Defendants WILLIAM K.

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KENNEDY and ALYCIA F. KENNEDY, Trustees of the KENNEDY FAMILY 2004

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REVOCABLE TRUST, dated 4/29/2004; and BRUCE BECKER, an individual dba

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EARTHSONG, by and through their respective counsel, respectfully request and stipulate, as

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follows:

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1.

Whereas, all defendants have been served with the summons and complaint and

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have answered plaintiffs’ complaint;

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///

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STIPULATION RE CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION; and
[PROPOSED] ORDER THEREON
CASE NO. CV-13-4039-KAW

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Whereas, pursuant to General Order 56, ¶3,4, the parties were to have the Joint

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Site Inspection at the Earthsong retail store, located at/near 1701 Haight Street, San Francisco,

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California 94117 completed by no later than December 12, 2013. However, due to scheduling

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conflicts and the holidays, the parties were unable to conduct the General Order 56 Joint Site

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Inspection;

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3.

In light of the above, the parties have agreed to conduct the joint site inspection

on February 13, 2014.

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IT IS SO STIPULATED:

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That, plaintiffs IRMA RAMIREZ and DAREN HEATHERLY, and defendants

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WILLIAM K. KENNEDY and ALYCIA F. KENNEDY, Trustees of the KENNEDY FAMILY

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2004 REVOCABLE TRUST, dated 4/29/2004; and BRUCE BECKER, an individual dba

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EARTHSONG agree, stipulate and respectfully request that the last day for the parties and

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counsel to conduct the General Order 56 Joint Site Inspection of the premises be continued up to

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and including February 18, 2014.

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This stipulation may be executed in counterparts, and all executed counterparts shall

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constitute an agreement which shall be binding upon all parties hereto, notwithstanding that the

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signatures of all of the parties’ designated representatives do not appear on the same page.

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Photocopies and facsimile shall have the same force and effect as originals.

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Respectfully submitted,

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22 Dated: January 23, 2014

THOMAS E. FRANKOVICH, Esq.

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A PROFESSIONAL LAW CORPORATION

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By: ___ /s/Thomas E. Frankovich____________
Thomas E. Frankovich, Esq.
Attorney for Plaintiff IRMA RAMIREZ; and
Plaintiff DAREN HEATHERLY

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STIPULATION RE CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION; and
[PROPOSED] ORDER THEREON
CASE NO. CV-13-4039-KAW

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1 Dated: January 23, 2014

Jason G. Gong, Esq.,

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LAW OFFICES OF JASON G. GONG

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By:_______/s/Jason G. Gong________________
Jason G. Gong, Esq.

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Attorney for Defendants WILLIAM K. KENNEDY
and ALYCIA F. KENNEDY, Trustees of the
KENNEDY FAMILY 2004 REVOCABLE TRUST,
dated 4/29/2004

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Dated: January 23, 2014

LITTLER MENDELSON, P.C.,

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By:______/s/Joanna L. Brooks_______________
Joanna L. Brooks

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Attorney for Defendant BRUCE BECKER, an

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individual dba EARTHSONG

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PROPOSED ORDER
IT IS SO ORDERED, that the last day for the parties and counsel to conduct the joint site

February 18
18 inspection of the premises be continued up to and including ________________________, 2014.
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January 24
21 Dated: _______________, 2014
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_______________________________________________
Honorable Kandis A. Westmore

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United States Magistrate Judge of California

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STIPULATION RE CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION; and
[PROPOSED] ORDER THEREON
CASE NO. CV-13-4039-KAW

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