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)

Case5:10-cv-04977-LHK Document27 Filed11/20/12 Page1 of 2

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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 [phone]
Facsimile [phone]
Attorneys for Plaintiff
Alma Clarisa Hernandez

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ALMA CLARISA HERNANDEZ,

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Plaintiff,
vs.
FRY’S ELECTRONICS, INC., et al.,,
Defendants.

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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);

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WHEREAS, Plaintiff, Alma Clarisa Hernandez (“Plaintiff”), and defendants, Fry’s

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Electronics, Inc. and Caracol, Ltd., L.P. (“Defendants,” and together with Plaintiff, the

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“Parties”), have been actively engaged in productive settlement communications and have

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reached a tentative resolution on barrier removal (subject to a resolution of the monetary

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elements of settlement);

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WHEREAS, the Parties desire to fully explore settlement prior to incurring the attorney
fees and costs associated with Plaintiff amending her complaint;

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE that Plaintiff may

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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

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fourteen (14) days thereafter to file their amended answer. The Parties further stipulate that

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should they be unable to settle this matter, Defendants will stipulate to the filing of Plaintiff’s

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First Amended Complaint. No other dates set by the Court’s Case Management Order are

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anticipated to be affected by the change to the date for amendment to pleadings.

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Dated: November 20, 2012

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MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore, Attorneys for
Plaintiff, Alma Clarisa Hernandez

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BORTON PETRINI, LLP

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/s/ Samuel L. Phillips
Samuel L. Phillips, Attorneys for
Defendants, Fry’s Electronics, Inc.
and Caracol, Ltd., L.P.

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ORDER

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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.

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IT IS SO ORDERED.

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Dated: November 21, 2012

______________________________________
United States District Judge

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STIPULATION TO EXTEND TIME FOR LAST DATE FOR PLAINTIFF TO SEEK
LEAVE TO AMEND HER COMPLAINT; [PROPOSED] ORDER
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