Hernandez v. Fry's Electronics, Inc. et al

Filing 28

ORDER by Judge Lucy H. Koh granting 27 Stipulation (lhklc2, COURT STAFF) (Filed on 11/21/2012)

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Case5:10-cv-04977-LHK Document27 Filed11/20/12 Page1 of 2 1 2 3 4 5 K. Randolph Moore, Esq., SBN 106933 Tanya E. Moore, Esq. SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Attorneys for Plaintiff Alma Clarisa Hernandez 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 ALMA CLARISA HERNANDEZ, 12 13 14 15 Plaintiff, vs. FRY’S ELECTRONICS, INC., et al.,, Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) No. 5:10-CV-04977-LHK STIPULATION TO CONTINUE LAST DATE FOR PLAINTIFF TO SEEK LEAVE TO AMEND HER COMPLAINT; [PROPOSED] ORDER WHEREAS, the Court entered a Case Management Order on October 24, 2012 which set the last day for amendment to pleadings as November 26, 2012 (Doc. 26); 20 WHEREAS, Plaintiff, Alma Clarisa Hernandez (“Plaintiff”), and defendants, Fry’s 21 Electronics, Inc. and Caracol, Ltd., L.P. (“Defendants,” and together with Plaintiff, the 22 “Parties”), have been actively engaged in productive settlement communications and have 23 reached a tentative resolution on barrier removal (subject to a resolution of the monetary 24 elements of settlement); 25 26 WHEREAS, the Parties desire to fully explore settlement prior to incurring the attorney fees and costs associated with Plaintiff amending her complaint; 27 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE that Plaintiff may 28 have to and including January 4, 2013 to amend her complaint and Defendants shall have until STIPULATION TO EXTEND TIME FOR LAST DATE FOR PLAINTIFF TO SEEK LEAVE TO AMEND HER COMPLAINT; [PROPOSED] ORDER Page 1 Case5:10-cv-04977-LHK Document27 Filed11/20/12 Page2 of 2 1 fourteen (14) days thereafter to file their amended answer. The Parties further stipulate that 2 should they be unable to settle this matter, Defendants will stipulate to the filing of Plaintiff’s 3 First Amended Complaint. No other dates set by the Court’s Case Management Order are 4 anticipated to be affected by the change to the date for amendment to pleadings. 5 6 Dated: November 20, 2012 7 MOORE LAW FIRM, P.C. 8 /s/ Tanya E. Moore Tanya E. Moore, Attorneys for Plaintiff, Alma Clarisa Hernandez 9 10 11 BORTON PETRINI, LLP 12 13 /s/ Samuel L. Phillips Samuel L. Phillips, Attorneys for Defendants, Fry’s Electronics, Inc. and Caracol, Ltd., L.P. 14 15 16 ORDER 17 18 19 20 21 22 The parties having so stipulated, IT IS HEREBY ORDERED as follows: The deadline for amendments to pleadings is extended to January 4, 2013 for Plaintiff to file her amended complaint and Defendants shall have fourteen (14) days thereafter within which to file their responsive pleading. 23 24 IT IS SO ORDERED. 25 26 Dated: November 21, 2012 ______________________________________ United States District Judge 27 28 STIPULATION TO EXTEND TIME FOR LAST DATE FOR PLAINTIFF TO SEEK LEAVE TO AMEND HER COMPLAINT; [PROPOSED] ORDER Page 2

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