Everlove v. Texas Turkey, Inc. et al

Filing 58

ORDER re 57 Adopting Joint Stipulation to Extend Site Inspection Deadline. Signed by Judge Koh on 9/13/2011. (lhklc3, COURT STAFF) (Filed on 9/13/2011)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS (SBN 159420)
CATHERINE M. CABALO (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile:
510/832-4787
[e-mail]
Attorneys for Plaintiff
VICTOR EVERLOVE

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JAMES A. SARRAIL (SBN 43075)
IVANKA F. ACKBARI (SBN 83123)
LAW OFFICES OF SARRAIL, CASTILLO & HALL LLP
700 Airport Blvd., Suite 420
Burlingame, CA 94010
Telephone: [phone]
Facsimile:
650/985-9206

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Attorneys for Defendants
TEXAS TURKEYS, INC. dba
ARMADILLO WILLY’S BBQ;
JOHN M. FILICE; and CRAIG P. FILICE

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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VICTOR EVERLOVE,

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Plaintiff,

CASE NO. C09-05361 LHK
Civil Rights
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE
TO COMPLETE CONSENT
DECREE SITE INSPECTION

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v.
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TEXAS TURKEYS, INC. dba
ARMADILLO WILLY’S BBQ; JOHN
M. FILICE, JR.; CRAIG P. FILICE;
AND DOES 1-10, INCLUSIVE,
/
Plaintiff VICTOR EVERLOVE and defendants TEXAS TURKEYS, INC. dba

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ARMADILLO WILLY’S BBQ; JOHN M. FILICE, JR.; CRAIG P. FILICE by and

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through their attorneys of record, hereby jointly stipulate to the continuance of the

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September 7, 2011, deadline to complete the site inspection ordered by the Court under
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE
TO COMPLETE CONSENT DECREE SITE INSPECTION
CASE NO.C09-05361 LHK

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the terms of the Consent Decree and Order of April 15, 2011.

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Good cause exits for requesting this continuance. A site inspection had

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previously been set by mutual agreement of the parties for August 31, 2011. Due to a

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scheduling error by plaintiff’s expert, the site inspection was not able to move forward

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on that date.

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The parties have now cooperatively rescheduled the site inspection for October

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11, 2011. This was the first mutually agreeable date available for all parties. The

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parties therefore jointly stipulate and request the Court order an extension of the deadline

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to October 11, 2011, to complete the site inspection, and within 30 days thereafter will

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file a joint status report regarding the outcome of the inspection.

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Dated: September 7, 2011

LAW OFFICES OF PAUL L. REIN

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/s/ Celia McGuinness
By: CELIA McGUINNESS
Attorneys for Plaintiff
VICTOR EVERLOVE

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Dated: September 7, 2011

LAW OFFICES OF SARRAIL, CASTILLO &
HALL LLP

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Ivanka Ackbari
By JAMES A. SARRAIL
IVANKA F. ACKBARI
Attorneys for Defendants
TEXAS TURKEYS, INC. dba
ARMADILLO WILLY’S BBQ;
JOHN M. FILICE; and CRAIG P. FILICE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE
TO COMPLETE CONSENT DECREE SITE INSPECTION
CASE NO.C09-05361 LHK

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[PROPOSED] ORDER

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Pursuant to stipulation of the parties and for GOOD CAUSE SHOWN, it is

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hereby ORDERED that the deadline to complete the site inspection by September 7,

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2011, previously ordered by the Court is extended to October 11, 2011. The parties are

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ORDERED to file a joint status report within 30 days thereafter regarding the outcome

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of the inspection.

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13, 2011
Dated: September __, 2011

__________________
HON. LUCY H. KOH
U.S. DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE
TO COMPLETE CONSENT DECREE SITE INSPECTION
CASE NO.C09-05361 LHK

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