Che v. Frit San Jose Town and Country Village, LLC

Filing 22

STIPULATION AND ORDER re 21 STIPULATION WITH PROPOSED ORDER Third Joint Stipulation and [Proposed] Order to Extend Time for FRIT San Jose Town and Country Village, LLC to Respond to Plaintiff's Compaint and to Continue Date for Compl etion of Joint Inspection of Premises< filed by Frit San Jose Town and Country Village, LLC, Ngoc Lam Che. Defendant's time to respond to complaint is 7/13/16 and the date to complete the joint site inspection is 7/13/16.. Signed by Magistrate Judge Kandis A. Westmore on 6/16/16. (sisS, COURT STAFF) (Filed on 6/16/2016)

1 ASCENSION LAW GROUP
PAMELA TSAO, SBN 266734
2 [e-mail]
2030 East 4th Street, Suite 205
3 Santa Ana, California 92705
Telephone: [phone]
4 Facsimile:
[phone]
5 Attorney for Plaintiff
NGOC LAM CHE
6
7 HANSON BRIDGETT LLP
KURT A. FRANKLIN, SBN 172715
8 [e-mail]
JENNIFER A. FOLDVARY, SBN 292216
9 [e-mail]
425 Market Street, 26th Floor
10 San Francisco, California 94105
Telephone: [phone]
11 Facsimile:
[phone]
12 Attorneys for Defendant
FRIT SAN JOSE TOWN AND COUNTRY
13 VILLAGE, LLC
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
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17
NGOC LAM CHE, an individual,

CASE NO. 5:16-cv-503-KAW

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Plaintiff,
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v.
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FRIT SAN JOSE TOWN AND COUNTRY
21 VILLAGE, LLC, a limited liability company,
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THIRD JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND TIME
FOR FRIT SAN JOSE TOWN AND
COUNTRY VILLAGE, LLC TO RESPOND
TO PLAINTIFF'S COMPLAINT AND TO
CONTINUE DATE FOR COMPLETION
OF JOINT INSPECTION OF PREMISES

Defendant.

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112450143.1

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5:16-CV-503 KAW
THIRD JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME FOR FRIT SAN JOSE TOWN AND
COUNTRY VILLAGE, LLC TO RESPOND TO
PLAINTIFF'S COMPLAINT AND TO CONTINUE DATE
FOR COMPLETION OF JOINT INSPECTION OF
PREMISES

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IT IS HEREBY STIPULATED by and between Plaintiff NGOC LAM CHE

2 ("Plaintiff") and Defendant FRIT SAN JOSE TOWN AND COUNTRY VILLAGE, LLC
3 ("Defendant"), through their counsel of record, as follows:
4

WHEREAS, Plaintiff filed a complaint in this matter ("Complaint") on January 29,

5 2016;
6

WHEREAS, Defendant disputes that Plaintiff properly served Defendant with the

7 Complaint;
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WHEREAS, Defendant and Plaintiff have agreed to waive service of the

9 Complaint;
10

WHEREAS, on April 6, 2016, Defendant and Plaintiff filed a Joint Stipulation and

11 [Proposed] Order to Extend Time for FRIT San Jose Town and Country Village, LLC to
12 Respond to Plaintiff's Complaint and to Continue Date for Completion of Joint Inspection
13 of Premises to extend Defendant's time to respond to the Complaint to May 23, 2016 and
14 to continue the date for completion of the joint site inspection to June 13, 2016;
15

WHEREAS, on April 7, 2016, the Court ordered Defendant to respond to the

16 Complaint on or before May 23, 2016 and continued the date for completion of the joint
17 site inspection to June 13, 2016;
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WHEREAS, on May 20, 2016, Defendant and Plaintiff filed a Joint Stipulation and

19 [Proposed] Order to Extend Time for FR Westgate Mall, LLC to Respond to Plaintiff's
20 Complaint to extend Defendant's time to respond to the Complaint to June 13, 2016;
21

WHEREAS, on May 23, 2016, the Court ordered Defendant to respond to the

22 Complaint on or before June 13, 2016;
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WHEREAS, Plaintiff and Defendant are engaged in continued discussions

24 regarding potential early resolution and scheduling a joint inspection of the premises;
25 / / /
26 / / /
212450143.1

27
28

2

5:16-CV-503 KAW
THIRD JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME FOR FRIT SAN JOSE TOWN AND
COUNTRY VILLAGE, LLC TO RESPOND TO
PLAINTIFF'S COMPLAINT AND TO CONTINUE DATE
FOR COMPLETION OF JOINT INSPECTION OF
PREMISES

1

WHEREAS, in an effort to continue their early resolution discussions, Plaintiff and

2 Defendant have agreed to extend Defendant's time to respond to the Complaint to
3 July 13, 2016;
4

WHEREAS, Plaintiff and Defendant have also agreed to continue the date for

5 completion of the joint site inspection until July 13, 2016.
6

THEREFORE, the parties do hereby stipulate as follows:

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1.

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Complaint to July 13, 2016; and

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2.

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The parties stipulate to extend Defendant's time to respond to the

The parties stipulate to continue the date for completion of the joint site

inspection to July 13, 2016.

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IT IS SO STIPULATED.

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14 DATED: June 10, 2016

ASCENSION LAW GROUP

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16

By:

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/s/ Pamela Tsao
PAMELA TSAO
Attorney for Plaintiff
NGOC LAM CHE

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20 DATED: June 10, 2016

HANSON BRIDGETT LLP

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By:

/s/ Jennifer A. Foldvary
KURT A. FRANKLIN
JENNIFER A. FOLDVARY
Attorneys for Defendant
FRIT SAN JOSE TOWN AND COUNTRY VILLAGE,
LLC

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12450143.1

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28

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5:16-CV-503 KAW
THIRD JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR FRIT SAN JOSE
TOWN AND COUNTRY VILLAGE, LLC TO
RESPOND TO PLAINTIFF'S COMPLAINT AND TO
CONTINUE DATE FOR COMPLETION OF JOINT
INSPECTION OF PREMISES

1

ORDER
PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause

2

3 therein,
4 IT IS HEREBY ORDERED that:
1. Defendant shall respond to the Complaint on or before July 13, 2016; and

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2. The Parties shall complete a joint site inspection on or before July 13,

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2016.

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IT IS SO ORDERED.

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DATE:

6/16/16

11
Hon. Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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12450143.1

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5:16-CV-503 KAW
THIRD JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR FRIT SAN JOSE
TOWN AND COUNTRY VILLAGE, LLC TO
RESPOND TO PLAINTIFF'S COMPLAINT AND TO
CONTINUE DATE FOR COMPLETION OF JOINT
INSPECTION OF PREMISES