Garcia v. Fortis Capital IV et al

Filing 15

STIPULATION AND ORDER TO EXTEND TIME TO FILE AMENDED ANSWER re 14 STIPULATION WITH PROPOSED ORDER (Stipulation To Extend Time To File Amended Answer) filed by Curtis O. Barnes, Fortis Capital IV. Defendants may have until March 19, 2013 , to file an Amended Answer to the Complaint. In the event that Defendants do not file an Amended Answer on or before that date, Plaintiff shall have until March 29, 2013 to file a motion to strike the Answer. Signed by Judge Edward J. Davila on 3/12/2013. (ecg, COURT STAFF) (Filed on 3/12/2013)

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TOMIO B. NARITA (SBN 156576)
[e-mail]
ARVIN C. LUGAY (SBN 242599)
[e-mail]
SIMMONDS & NARITA LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104-4816
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ANGELICA GARCIA,

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Plaintiff,

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vs.

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FORTIS CAPITAL IV, LLC,
CURTIS O. BARNES, P.C.,
TOFOYA DOE, and DOES 1-10,

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Defendants.

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CASE NO.: 5:12-cv-06491-EJD
XXXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
FILE AMENDED ANSWER TO
COMPLAINT AND MOTION TO
STRIKE ANSWER

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GARCIA V. FORTIS CAPITAL, LLC, ET AL. (CASE NO. 12-cv-06491-EJD)
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED ANSW ER

Plaintiff Angelica Garcia (“Plaintiff”) and Defendants Fortis Capital IV,

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LLC, Curtis O. Barnes, P.C., and Nicholas Tafoya (“Defendants”) hereby stipulate

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to the following:
WHEREAS Plaintiff filed the Complaint in this action on December 21,

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2012;
WHEREAS the Defendants filed an Answer to the Complaint on February
21, 2013;
WHEREAS the parties have met and conferred regarding a potential motion
to strike certain of the affirmative defenses contained in the Answer;

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WHEREAS the Defendants plan to file an Amended Answer;

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WHEREAS the parties wish to avoid unnecessary motion practice;

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THEREFORE it is stipulated and agreed by Plaintiff and Defendants,

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through their counsel, that Defendants may have until March 19, 2013, to file an

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Amended Answer to the Complaint. In the event that Defendants do not file an

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Amended Answer on or before that date, Plaintiff shall have until March 29, 2013

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to file a motion to strike the Answer.

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IT IS SO STIPULATED.

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DATED: March 11, 2013

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SIMMONDS & NARITA LLP
TOMIO B. NARITA
ARVIN C. LUGAY

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By: s/Tomio B. Narita
Tomio B. Narita
Attorneys for Defendants

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DATED: March 11, 2013

RONALD WILCOX
BEN DUPRE

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By: s/Ronald Wilcox
Ronald Wilcox
Attorneys for Plaintiff
Angelica Garcia
GARCIA V. FORTIS CAPITAL, LLC, ET AL. (CASE NO. 12-cv-06491-EJD)
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED ANSW ER

ii.

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XXXXXXXXX
[PROPOSED ORDER]

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Pursuant to the stipulation of the parties and good cause appearing, IT IS
HEREBY ORDERED THAT Defendants may have until March 19, 2013, to file an
Amended Answer to the Complaint. In the event that Defendants do not file an
Amended Answer on or before that date, Plaintiff shall have until March 29, 2013
to file a motion to strike the Answer.

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IT IS SO ORDERED:

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3/12/2013
DATED: _________________

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By:

___________________________________
Honorable Edward J. Davila
United States District Court Judge

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GARCIA V. FORTIS CAPITAL, LLC, ET AL. (CASE NO. 12-cv-06491-EJD)
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED ANSW ER

1.