United States District Court, S.D. California
September 14, 2005.
LARY FEEZOR; Plaintiff,
BMW MANAGEMENT, INC., dba SIZZLER; Defendant.
The opinion of the court was delivered by: THOMAS WHELAN, District Judge
STIPULATION FOR VACATION OF DEFAULT AND EXTENSION OF TIME TO
RESPOND TO COMPLAINT; ORDER THEREON
Plaintiff Lary Feezor and Defendant BMW Management, Inc., by
and through their respective counsel of record do hereby
stipulate and agree as follows.
WHEREAS, the parties to this litigation desire to focus on
settlement negotiations, and an effort to settle this litigation
before incurring the expense of filing responsive pleadings; and
WHEREAS, the parties to this Stipulation have agreed with
each other to grant BMW Management, Inc. an extension of time to
respond to the Complaint through and including Friday, September
23, 2005; and
WHEREAS, this Court, absent any request by Plaintiff, entered the default of Defendant BMW Management, Inc. on
September 7, 2005; and
WHEREAS, in light of the parties' agreement that BMW
Management, Inc. would have an extension of time to respond to
the Complaint in order to facilitate settlement negotiations, the
parties do agree that any default entered against BMW Management,
Inc. should be vacated and set aside in order that the parties
may proceed on the merits.
NOW, THEREFORE, it is hereby stipulated and agreed by and
between Plaintiff Lary Feezor and Defendant BMW Management, Inc.,
through their respective counsel of record, that the default
entered against Defendant BMW Management, Inc. by the Court on
September 7, 2005 be vacated and set aside, and that BMW
Management, Inc. be granted an extension of time to respond to
the Complaint herein through and including September 23, 2005.
Having read the foregoing Stipulation, and good cause appearing
therefore, it is hereby ordered, adjudged and decreed that the
default of Defendant BMW Management, Inc. entered by order of
this Court on September 7, 2005, is hereby set aside and vacated,
and BMW Management, Inc. shall have through and including Friday, September 23, 2005 to file a responsive
pleading to the Complaint in this action. STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
I am employed in the county of Riverside, State of California.
I am over the age of 18 years and not a party to the within
action. My business address is 40880 Via los Altos, Temecula, CA
On September 9, 2005, I served the foregoing document described
as STIPULATION FOR VACATION OF DEFAULT AND EXTENSION OF TIME TO
RESPOND TO COMPLAINT on the interested parties in this action
[X] by placing a true copy thereof ? by placing the original
thereof, enclosed in a sealed envelope, addressed as follows:
Lynn Hubbard III, Esq.
LAW OFFICES OF LYNN HUBBARD
12 Williamsburg Lane
Chico, CA 95926
[X] By mail. I deposited such envelope in the mail at Temecula,
California. The envelope was mailed with postage thereon fully
? By Federal Express. I deposited in a box or other facility
regularly maintained by Federal Express, an express service
carrier, true copies of the foregoing document in a sealed
envelope designated by the express service carrier, addressed as
stated above, with fees for overnight delivery paid or provided
? By personal service. I caused such envelope to be delivered
by hand to the addressee.
? By facsimile copy, transmitted at Temecula, California to
the following fax number:
? Federal. I declare that I am employed in the office of a
member of this court at whose direction the service was made.
[X] State. I declare under penalty of perjury under the laws of
the State of California that the above is true and correct.
Executed on September 9, 2005, at Temecula, California.
Kimberly A. Edge
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