Rios v. J.R. West, Inc.

Filing 37

STIPULATION AND ORDER TO CONTINUE THE DEADLINE TO FILE RENEWED MOTION FOR DEFAULT JUDGMENT. Signed by Judge Richard Seeborg on 10/25/11. (cl, COURT STAFF) (Filed on 10/25/2011)

*E-Filed 10/25/11*

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ADAM WANG, Bar No. 201233
LAW OFFICES OF ADAM WANG
12 South First Street, Suite 708
San Jose, CA 95113
Tel: [phone]
Fax: [phone]

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Attorney for Plaintiff
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THERESA M. TORO, Bar No. 271022
Dillingham & Murphy, LLP
225 Bush Street, Sixth Floor
San Francisco, California 94104
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARISTEO RIOS,

Case No.: C09-5499 RS

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Plaintiff,
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vs.
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J.R. WEST, INC. dba JOHNNY ROCKETS,
DOES 1-10

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STIPULATION TO CONTINUE THE
DEADLINE TO FILE RENEWED MOTION
FOR DEFAULT JUDGMENT

Defendant
Parties through their respective counsel, stipulate as follows :

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1.

On May 12, 2011, a default was entered against Defendant. Docket No. 26.

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2.

On July 27, 2011, Plaintiff filed his Motion for Default Judgment. Docket No. 29.

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On September 9, 2011, this Court denied Plaintiff’s Motion for Default Judgment without

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prejudice, setting October 24, 2011 as the deadline for Plaintiff to file a renewed motion for

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default judgment.

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3.

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Recently, Defendant through its counsel, contacted Plaintiff’s counsel, seeking to

set aside the default entered in this case. While Plaintiff did not agree to set aside the default,

STIPULATION TO CONTINUE DEADLINE TO FILE RENEWED MOTION FOR
DEFAULT JUDGMENT
Rios v. J.R West Inc.
1
Case No.: C09-5499 RS

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Plaintiff is willing to negotiate a settlement before moving to obtain a judgment. Defendant

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agrees to engage in settlement negotiations with Plaintiff at this stage.

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As such, parties, through their respective counsel, hereby stipulate that the

deadline set by the Court for Plaintiff to file his motion for default judgment be continued.

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By: /s/ Adam Wang
Adam Wang
Attorney for Plaintiff

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DILLINGHAM & MURPHY, LLP

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Dated: October 24, 2011

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Dated: October 24, 2011
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__________________________________________
[PROPOSED] ORDER

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By: /s/ Theresa M. Toro
Theresa M. Toro
Attorney for Defendant

Pursuant to parties’ stipulation, IT IS HEREBY ORDERED that the deadline for Plaintiff
to file a renewed motion for default judgment is hereby continued. The Case Management
Conference currently set for December 1, 2011 remains on calendar. Parties should file their

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joint case management statement 7 days prior to the scheduled case management conference.
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IT IS SO ORDERED.
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Dated: October ___, 2011

By: ____________________
RICHARD SEEBORG
United States District Court Judge

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STIPULATION TO CONTINUE DEADLINE TO FILE RENEWED MOTION FOR
DEFAULT JUDGMENT
Rios v. J.R West Inc.
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Case No.: C09-5499 RS