Garcia et al v. HM Islamic, Inc. et al

Filing 9

STIPULATION AND ORDER FOR EXTENSION TO FILE A RESPONSIVE PLEADING, re 8 Stipulation filed by Saul L Altamirano, Celestino Garcia. 11/22/2011 Case Management Conference continued to 1/3/2012 at 02:00 PM in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 12/27/2011. Signed by Judge Paul S. Grewal on 11/21/2011. (ofr, COURT STAFF) (Filed on 11/21/2011)

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Richard Wahng (SBN 225672)
Lee E. Sheldon (SBN 263310)
LAW OFFICES OF RICHARD C.J. WAHNG
152 Anza Street, Suite 201
Fremont, CA 94539
[phone] Telephone
[phone] Fax
Attorney for Defendants,
HM ISLAMIC, INC., SHIH-KWEI CHEN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELESTINO GARCIA and SAUL L.
ALTAMIRANO,
Plaintiffs,

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vs.

Case No. CV11-04944
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION TO FILE A
RESPONSIVE PLEADING

HM ISLAMIC, INC., SHIH-KWEI CHEN aka
SAM CHEN,
Defendants.

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Pursuant to Local Rule 6-1(a), it is hereby stipulated by and between plaintiffs,

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CELESTINO GARCIA and SAUL ALTAMIRANO (collectively “Plaintiffs”) and defendants,

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HM ISLAMIC, INC. and SHIH-KWEI CHEN (collectively “Defendants”), through their

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respective attorneys, that Defendants shall have up to and including December 18, 2011 within

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which to answer or otherwise respond to Plaintiffs’ Complaint filed on October 6, 2011.

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Defendants only recently retained counsel to defend this case. Defense counsel requires

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additional time to investigate the factual and legal aspects of this case before filing an

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appropriate response.

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Similarly, because Defendants have only recently retained counsel and the case is not at

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issue, the parties stipulate and agree that the Case Management Conference currently set for

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November 22, 2011, should be continued to January 3, 2012, (or a date convenient to the Court

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STIPULATION AND PROPOSED ORDER FOR EXTENSION TO FILE A RESPONSIVE PLEADING

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in January 2012) in order to provide the parties with an opportunity to meet and confer pursuant

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to Rule 26 of the Federal Rules of Civil Procedure.

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Absent the requested extension, Defendant’s response would have been due on
November 17, 2011.

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Dated: November 16, 2011

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LAW OFFICES OF RICHARD WAHNG

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/S/ Lee Sheldon
Lee Sheldon
Attorney for Defendants

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Dated: November 16, 2011

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DAL BON & MARGAIN, APC

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/S/ Tomas Margain
Tomas Margain
Attorney for Plaintiffs

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ATTESTATION UNDER GENERAL ORDER 45
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I, Tomas Margain, am the ECF user whose ID and password are being used to file this
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION TO FILE A RESPONSIVE
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PLEADING. In compliance with General Order 45, I hereby attest that Lee Sheldon, counsel
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for Defendants, has concurred in this filing.
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Dated: November 16, 2011

/s/ Tomas Margain
Tomas Margain

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STIPULATION AND PROPOSED ORDER FOR EXTENSION TO FILE A RESPONSIVE PLEADING

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Defendants’ response to Plaintiffs’ Complaint shall be filed and served on all parties on
or before December 18, 2011.

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The Case Management Conference currently scheduled for November 22, 2011 at
2:00pm in Courtroom 5, shall be continued to January 3, 2012, time and location to remain the
same.

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DATED:

By: __________________________________
HONORABLE PAUL GREWAL
United States
Judge

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STIPULATION AND PROPOSED ORDER FOR EXTENSION TO FILE A RESPONSIVE PLEADING

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