Moralez v. Coffee Shop, LP et al

Filing 24

ORDER by Judge Haywood S. Gilliam, Jr. Granting 19 PLAINTIFFS REQUEST FOR ADMINISTRATIVE RELIEF FROMSERVICE DEADLINE (Local Rule 7-11). (ndrS, COURT STAFF) (Filed on 8/17/2017)

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1 2 3 4 5 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: service@mission.legal Attorney for Plaintiff Francisca Moralez 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 FRANCISCA MORALEZ, 12 13 14 15 16 17 18 19 Plaintiff, vs. COFFEE SHOP, LP dba COFFEE SHOP, et al., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 4:17-CV-02912-HSG PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE DEADLINE (Local Rule 7-11); ORDER 20 21 WHEREAS, on May 22, 2017, Plaintiff, Francisca Moralez (“Plaintiff”), filed the 22 instant action alleging claims under Title III of the Americans with Disabilities Act of 1990 23 and parallel California law (ECF No. 1). On May 26, 2017, a Scheduling Order under General 24 Order 56 was issued (ECF No. 5) (“Scheduling Order”). The Scheduling Order required that 25 all defendants be served with the complaint no later than July 21, 2017; 26 27 WHEREAS, Defendants Penny Pickett and Gregory A. Pickett (“the Pickett Defendants”), are the only remaining defendants to be served in this action; 28 PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE DEADLINE; ORDER Page 1 1 WHEREAS, Plaintiff has been diligently attempting to serve the Pickett Defendants 2 with the Summons and Complaint, attempting to effect service on the Pickett Defendants 13 3 times, on varying dates and times from June 6, 2017 to July 12, 2017, as set forth in the 4 declaration of Zachary Best, filed herewith. Plaintiff has ordered stake-outs in a further attempt 5 to effect service; 6 NOW, THEREFORE, for the reasons set forth above, Plaintiff respectfully requests 7 that she be given to and including August 18, 2017 to procedurally effect service of her 8 Complaint on the Pickett defendants. 9 10 Dated: July 18, 2017 MISSION LAW FIRM, A.P.C. 11 12 13 14 /s/ Zachary M. Best Zachary M. Best, Attorney for Plaintiff, Francisca Moralez 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE DEADLINE; ORDER Page 2 1 ORDER 2 Upon request of Plaintiff for administrative relief and good cause appearing, 3 IT IS HEREBY ORDERED that the Scheduling Order in this matter filed May 26, 4 2017 (ECF No. 5) be amended to continue the last day by which Plaintiff must serve the 5 Complaint on defendants Penny Pickett and Gregory A. Pickett from July 21, 2017 to August 6 18, 2017. 7 8 IT IS SO ORDERED. 9 10 11 Dated: August 17, 2017 HAYWOOD S. GILLIAM, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE DEADLINE; ORDER Page 3

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